A. As the Defendant agreed to jointly engage in the bond business with the victim, the duty to appropriately manage the money received from the victim pursuant to the above agreement and give profits to the victim. However, in violation of the above agreement, 108,344,900 won out of the money received from the victim as " butt money" in the place of gambling, the Defendant acquired economic benefits equivalent to the above amount and sustained a significant loss to the victim.

B. As to the KRW 71,980,000 of the ancillary facts charged, the Defendant deceivings the victim even though he/she did not have the intent or ability to repay, and then acquired a total of KRW 71,980,000 from the victim and acquired it.

2. Determination:

A. As to the primary facts charged, the court below held that the defendant did not agree to jointly operate the fund to guarantee the interest of 2.5% per month to the victim. The defendant's act of lending money to a person other than the employees of the massage place or lending money to a person other than the employees of the massage place is attributable to the intent of guaranteeing the return of the principal and interest of the loan. It is necessary for the victim who lent money without any security like this case to the defendant to participate in how the defendant manages the money, and the victim is interested in receiving interest of 2.5% per month only without interest in the profit accrued from the management of the fund, but it seems that the defendant borrowed money from the victim by promising the victim to pay the principal interest of 2.5% per month and the principal to the victim.