2. Determination

A. First, according to the health team, and evidence duly adopted and examined by the court below as to whether the Defendant had the ability to repay the instant money to C, the Defendant was liable to pay KRW 637,354,00 due to the failure of the company that had been operated before that due to the failure of the court below. The Defendant established a stock company E and promoted the business of supplying Cheongdos to the new world, and the Defendant did not have any sales at the time of borrowing the instant money. According to the above facts, it appears that the Defendant had no capacity to repay or plans to repay the instant money to the Defendant at the time of borrowing the money from the victim.

B. Next, as stated in the facts charged, the defendant deceiving C as stated in the facts charged, and as regards whether C lent the instant money to the defendant, the Health Council and the police have made statements about C's accusation and the evidence that seems consistent with C's reasoning. However, according to the evidence duly admitted and investigated by the court below, the following circumstances acknowledged by the court below: ① C was at the police station, which is: (i) was a school with the defendant's her father H and marriage at the time; and (ii) was a school with the defendant's her father H and marriage; and (iii) was also demanding H to prepare the deposit amount of KRW 35 million (Evidence evidence record 21,43); and (iv) was deemed to have been aware to some extent that the financial situation of the defendant was not sufficiently sufficient; (ii) the defendant was at the police station, but at the time he was operating the corporation E, but requested C to provide funds necessary for the operation