On August 2015, the Defendant stated that “A director of Gangnam-gu Seoul Metropolitan Government C building 7, who is the victim D, who is a director of the victim D, is able to acquire the F company, is able to earn the F company, and the funds are not currently secured,” and that F’s account is able to pay a large amount of cash, insurance is 80,000 won, and the principal may not be refunded because the insurance is 80,000,000 won, and that the principal may be repaid from the customer because the amount to be repaid is 20,000,000 won.”

However, at the time, F had been in arrears with employees' wages due to the aggravation of the economic situation, and even if there were claims that can be repaid from customers, the amount receivable has to be repaid. Since the Defendant did not have any other economic ability, the Defendant did not have any intention or ability to pay the principal and interest promised to the victim within two months.

Nevertheless, the Defendant: (a) received KRW 10 million from the G account in the name of G on September 15, 2015 by deceiving E, a director of the victim company, and thereby, (b) obtained KRW 200 million from October 2, 2015 from around that time, by allowing E to enter into a contract for lending money to the Defendant by the victim company; and (c) received KRW 10 million from around three times to October 2, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police with respect to E and H;

1. An investigation report (for data submitted I by a witness), an investigation report (for a suspect's public inspection of case records and a monetary transaction relationship with E, an investigation report (G statement adjustment);

1. A certificate of deposit payment;

1. The capital contract and the transfer security contract;

1. Application of Acts and subordinate statutes to each letter, letter, and each written agreement;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. The scope of the recommended punishment on the sentencing guidelines of the Supreme Court sentencing committee / [type] the types of general fraud (one hundred million won or more, and one hundred million won or more).