On March 17, 2015, the Defendant made a false statement to the effect that “If the Defendant borrowed 50 million won to establish a fertilizer factory called “F” in Kimcheon, the Defendant would establish a company by certifying the balance of the corporation with the said money, and return 50 million won and 25% of the shares of F Co., Ltd. after one week,” at the E office of the victim D operator in Jeju Island.

However, in fact, the defendant thought that he will use the borrowed money from the injured party as personal living expenses, etc., and did not have the intent or ability to return the borrowed money with the stocks on the agreed borrowed date.

The defendant deceivings the victim as above and was transferred 50 million won in total to the new bank account under the name of the defendant on the same day from the victim to the new bank account under the name of the defendant, and 10 million won in the Saemaul Treasury account.

Summary of Evidence

1. Legal statement of the witness D;

1. A protocol concerning the examination of the suspect against the accused by the prosecution;

1. Statement made by the police against D;

1. Account transactions;

1. Recording records;

1. Application of Acts and subordinate statutes to a loan certificate or a certified copy of corporate registry;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime: Article 347 (1) of the Criminal Act, judgment on the issues of choice of punishment for the crime - Whether the criminal had the criminal intent of defraudation;

1. The criminal intent of defraudation, which is a constituent element of the relevant legal principles, shall be determined by taking into account the objective circumstances such as the defendant's financial history, environment, details of the crime, and the process of transaction before and after the crime, unless the defendant makes a confession. In a case where, in borrowing money from another person, the other party did not respond if the other party did not respond to the true notice concerning the method of raising funds to repay the borrowed money, the crime of fraud is established (see Supreme Court Decision 2003Do5382 delivered on September 15, 2005, etc.).

2. Determination: