However, even if the Defendant borrowed money from the victim, the Defendant did not want to lend it to another person, but did not want to use it for personal purposes, such as remitting money to the family members of the Philippines, and thus, the Defendant did not have any intention or ability to pay interest or pay the principal even if it was received from the victim.

The Defendant received from the victim a letter of KRW 10 million, one bank cashier's checks, KRW 48 million, and KRW 48 million in total.

2. The record reveals the following facts: ① the Defendant received 48 million won from F on December 1, 2006 (one million won by cashier’s checks, four 10 million won by one bank, and ten million won by one bank) from F on December 1, 2006; ② Of the above check money, KRW 12 million by G, and KRW 10 million by one million is recognized as having been paid to H and six million by one.

However, on the other hand, the following circumstances acknowledged by the witness J and F’s each legal statement and each statement or statement of evidence Nos. 2, 3, and 4 are as follows: ① AJ borrowed 48 million won from the Defendant on December 2, 2006, but it borrowed 5 million won from the money to the Defendant as security on December 2, 2006 and 10 million won borrowed from the money without any security, each principal of 260 million won borrowed from the Defendant on February 23, 2006, and interest of 16 million won on 20 million won on the interest of 260 million won borrowed from the Defendant on February 23, 2006 (i.e., five million won, one million won, one million won, one million won, one million won, one million won, one million won, and six million won, one of which is the remainder after the Defendant borrowed from the J, and two million won, one million won, one million won, one of which is six million won.