around November 6, 2018, the Defendant made a false statement to the effect that “The Defendant would lend money to the victim B, while the principal would be repaid after one month.”

However, in fact, the defendant was in excess of his/her obligation, and the defendant planned to use the money received from the victim as a repayment of obligation to the creditor and living expenses, so even if he/she borrowed money from the victim, he/she did not have the intent or ability to pay the money normally

The Defendant received KRW 3,00,000 on the same day as the loan money from the victim, KRW 10,000 on November 13, 2018, KRW 10,000 on November 16, 2018, KRW 10,000 on November 16, 2018, KRW 13,000,000 on November 20, 2018, and KRW 8,000 on November 30, 2018, respectively, from each of the Defendant’s trade association accounts (D).

Accordingly, the Defendant, by deceiving the victim, received a total of 44,000,000 won.

On November 27, 2017, the Defendant called “F’s attorney-at-law may be promptly appointed.” The Defendant introduced an attorney-at-law to transfer KRW 5 million to the Plaintiff’s attorney-at-law at the bar to the Plaintiff-at-law who was under investigation due to the suspicion of fraud at the time of the call to the victim E at an unsound place. If the Plaintiff could not appoint the attorney-at-law, he/she would immediately return KRW 5 million.”

However, even if the defendant receives money from the victim, he was thought to use it as the defendant's personal debt repayment, office operating expenses, etc. for F's attorney appointment expenses, or for F's appointment of lawyer, and there was no intention or ability to return five million won to the victim.

On November 30, 2017, the defendant acquired 5 million won from the victim through the CUnion account (D) in the name of the defendant on November 30, 2017.

Summary of Evidence

"2019 Highest 4098"

1. Part of the defendant;