However, the defendant did not have any particular asset under the name of the defendant, while even if he borrowed money from the victim as above due to the excessive personal debt such as card loan, there was no intention or ability to repay it.

Nevertheless, the Defendant, by deceiving the victim as above, received 30 million won from the victim to the corporate bank account under the name of the Defendant on the same day.

2. It is true that the defendant's summary of his defense counsel received KRW 30 million from the victim. However, it is not a donation under the promise to repay the principal and interest of each month, but there was no intention of deception or fraud.

3. Determination

A. According to the records, the following facts are recognized.

1) From around 2014 to September 2017, the victim liveded in the apartment complex located in the Defendant and Yeonsu-gu Incheon Metropolitan City C. The Defendant and the victim resolved to settle the living relationship with the victim in a way that the victim moved in another place. 2) The Defendant paid 20 million won of the above apartment lease deposit (the Defendant asserted that the victim raised 15 million won out of the deposit) and the household electric appliances, etc. to the victim who demanded the settlement of purchase cost, and paid 4.5 million won on August 24, 2017 to the victim who demanded the settlement of purchase cost, such as household electric appliances. The victim moved in the above apartment complex around September 2017.

3) The Defendant provided the above settlement funds under the credit card loan loan, and the victim took out a loan of KRW 30 million on December 20, 2017 and paid the Defendant (hereinafter “the instant case”).