The Defendant left the Republic of Korea in around 1992 and operated an entertainment tavern with "F" from March 2001 to December 2003 as a person who was engaged in the operation of an entertainment tavern in Japan.

1. Around April 2003, the fraud defendant told the victim's house in the victim G where he had been in the Japanese colonial Republic of Korea on April 2003 that "if the F's operating capital falls short of the F's operating capital, the F's repayment will be made without molding it to the victim."

However, since June 2002, the Defendant borrowed money from other persons, such as a bond company, etc. due to the difficulties in operating an entertainment tavern, and did not have any particular property, and even if he borrowed money from the victim, there was no intention or ability to repay it.

As such, the Defendant, by deceiving the victim as such, obtained 1,00,000 UN (10,000,000 won) from the victim as the borrowed money and acquired it from the victim.

2. Around August 2003, 2003, the defrauded told the victim at the home of the above victim, stating, “If the victim lends 1,500,000 UN as its operating capital to resume the F’s operation, the Defendant would pay the F’s repayment without framework.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

As such, the Defendant, by deceiving the victim as such, obtained 1.5 million UN ( approximately 15 million Korean Won) from the victim as the borrowed money, and acquired it as the borrowed money from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. The police statement concerning G;

1. A certificate of borrowing;

1. Application of Acts and subordinate statutes to investigation reports (Evidence records 157 pages);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime (Fraud and choice of imprisonment);

1. Of concurrent crimes, judgment on the assertion by the defendant and his defense counsel under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.