On May 29, 2012, the Defendant made a false statement to the victim C, stating that “The Defendant will lend KRW 5 million to the victim C.”

However, in fact, the defendant has no particular property at the time and bears a total of KRW 2,1930,00,00, such as card payment obligations, and even if he received money from the defendant as a loan, he did not have an intention or ability to repay it.

The Defendant, on May 29, 2012, received 5 million won from the victim as a loan deposit from the victim to the account under the name of the Defendant, and deceiving the victim by such means as above, and acquired KRW 1 million around June 28, 2012, KRW 1.1 million around July 25, 2012, KRW 10 million around July 31, 2012, KRW 10 million around July 31, 2012, KRW 2 million around September 5, 2012, and KRW 6 million around September 26, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. C Complaints;

1. Answer upon a request for cooperation in investigation;

1. Application of Acts and subordinate statutes on account transactions by suspects;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent offenders, the determination of the issues of the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act regarding the issue is that the Defendant received KRW 5 million from the victim as of May 29, 2012, not from the victim, but from the cost of living. The remainder of the money borrowed from the victim at the end of 2012, and then intended to receive the payment of the cost of care, but is merely using the cost of care at another place, and denies the intention of defraudation.

However, the following circumstances acknowledged based on each of the above evidence, namely, the defendant, at the prosecutorial office, recognized that he borrowed KRW 5 million from the victim on May 29, 2012 (section 83 of the record of evidence). The defendant did not have any particular property at the time of borrowing each loan, while there was a considerable amount of debt. The defendant used most of the amount borrowed from the victim to repay (section 85 of the record of evidence) and the defendant used it (section 85 of the record of evidence).