On January 1, 2015, the Defendant promised to borrow KRW 50,000,000 as collateral to the owner of the building in the warehouse who will supply the original team on credit at the office of the Defendant located in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) to the victim D, who is the original supplier, within seven to ten days.

“.....”

However, the Defendant did not have promised to borrow money from the building owner as collateral, and there was no other property or income as a recipient of basic living benefits, and the Defendant operated.

E Co., Ltd. has no intention or ability to pay the original amount due to the lack of capital or sales performance.

In addition, the Defendant received approximately KRW 2,059,40 from the injured party on January 28, 2015, a total of KRW 113,127y market prices in the following manner from the injured party during six times from around that time to April 10, 2015, as shown in the list of crimes, from the injured party, in total of KRW 158,37,80.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of DF in the police interrogation protocol concerning the accused;

1. Application of Acts and subordinate statutes of original supply contract, contract, written request and transaction statement, consignment processing trade contract, power of attorney, letter of issuance, copy of passbook, original storage and delivery status, copy of passbook, response to request, and discretionary processing contract;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The amount of damage caused by sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act, is not a few.

However, in consideration of the fact that the defendant's wrong statement, the defendant's repayment of the total of KRW 10.5 million sent by the victim's name his/her father G, the total of KRW 10.5 million sent by E corporation's name, and the fact that the defendant's delayed disorder three, the punishment shall be determined as per the disposition.