A. On February 25, 2007, the Defendant made a false statement to the victim D’s house located in the Sinju-si, Cheongju-si, that “If the victim is engaged in transportation business with a cargo vehicle and there is no money in purchasing the vehicle, the Defendant would make an amount calculated as three copies of the interest until May 30 of the present year if he/she borrowed KRW 10 million as there is no money in purchasing the vehicle with a cargo vehicle.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

As above, the Defendant was immediately given 10 million won to the victim by deceiving the victim.

B. On March 25, 2007, the Defendant made a false statement to the victim on the same grounds as in the preceding paragraph at the same place as in the preceding paragraph, stating that “At first, the Defendant would make an calculation in three copies of interest by no later than May 30 of this year, including KRW 10 million from the loan,” to the victim.

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

As above, the Defendant was immediately given 10 million won to the victim by deceiving the victim.

2. The judgment of the defendant and his defense counsel denied the criminal intent of defraudation by asserting that the defendant joined the fraternity operated by the victim and paid the borrowed money (hereinafter “the borrowed money of this case”) with the borrowed money.

On the other hand, the evidence submitted by the prosecutor as to the facts charged in the instant case is as follows: D, E’s investigative agencies and courts; copies of each contract document for debt repayment; statement of transaction; and statement of liquidity details; and copies of passbook transaction statement and passbook Nos. 4 and 5.

The Defendant paid the instant loan from April 2008 to around 3 years, but the Defendant asserted that the Defendant did not pay the instant loan with the said loan.

However, according to the above evidence, ① the amount of money transferred to the victim for the purpose of guiding money, etc. after the commencement of the fraternity as above, approximately KRW 44.4 million, and approximately KRW 2.0 million in cash.