On February 10, 2011, the Defendant made a false statement to the victim E who supplied alcoholic beverages to the main points of “D” at the center of the trade name “D” in which the Defendant had been operated by the Defendant at the Seocho-si, Seocho-si, stating that “The Defendant would pay the money with the profits from the operation of the ancient flag with the loan of the interior expenses in order to newly operate the ancient flag.”

However, since the Defendant did not have any property at all, even if he newly opens a finial, he did not have any money to be used as operating expenses, such as the cost of purchasing materials, and even if he operated the finial, he did not guarantee that he would make profits from the finial. At the time, he did not have any obligation to pay a certain amount of money every day with a loan of approximately KRW 7 million for a financial institution, KRW 2.5 million, and KRW 2.5 million for a term "number of days". Therefore, even if he finialialialialialialialialialialialialialialialialialialialialialialialials

Accordingly, the defendant deceivings the victim as such, and obtained 20 million won as the borrowed money from the victim around that time, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Investigation report (Investigation of confirmation of the sales of cards related to the operation of a restaurant of a suspect);

1. Application of a credit information inquiry statement, NIC information inquiry statement, and credit information inquiry data in one copy of Acts and subordinate statutes;

1. Determination as to the assertion by the relevant criminal defendant and his/her defense counsel under Article 347(1) of the Criminal Act; Article 347 of the Criminal Act

1. The main point of the argument is that the victim was well aware of the financial status of the defendant, so there was no deception for the defendant, or there was no intention to defraud the defendant at least.

2. The evidence revealed prior to the determination and the following circumstances revealed by each of the evidence of this case, namely, the Defendant, at the time of borrowing the amount from the victim, is liable for a large amount of debt, and the Defendant was not deemed to have a financial position.