A. On July 2015, the Defendant stated that “B” offices of the Defendant’s operation of the Chinese nes, “The Victim C will produce and supply content by the OEM method. To deliver, equipment such as the prime tallyman is necessary. If the Defendant invested KRW 70 million, he/she will purchase the facility with the money and supply the content that the Defendant wants to purchase and supply to other companies more than other companies.”

However, at the time, the Defendant was not able to invest in the factory facilities, such as purchasing the original tallyman with the money received from the victim, due to the aggravation of finance to the extent that employees’ benefits or factory rents are not properly paid, and was planned to receive money from the victim to use it for other purposes, such as employee benefits.

On August 28, 2015, the Defendant received KRW 23 million from the victim as investment money, from the victim, from September 25, 2015, from that time, the Defendant received total of KRW 70,000,000,000 from the victim, including the remittance of KRW 23,00,000 from September 25, 2015.

B. On September 2015, the Defendant made a false statement to the victim, stating that “Inwards would have received money from an enterprise “D” by phoneing to the victim at the place specified in the preceding paragraph. In short, the Defendant borrowed money to lend money needed. By the end of 2016, the Defendant would receive and repay the full amount.”

However, at the time, the Defendant was in almost no way to receive the payment from D, and even if he borrowed money from the victim due to the aggravation of financial standing so that the employee’s benefits and factory rents can not be paid properly, the Defendant did not have the ability or intent to pay it.

The Defendant, as above, received KRW 6 million from the victim on September 25, 2015 as the borrowed money, from the victim, and acquired the money by taking the total of KRW 43 million through eight times, as shown in the attached crime list (2) by November 30, 2015, including the remittance of KRW 6 million from the victim.

2. Determination

A. The defendant is the victim.