D. The Plaintiff received KRW 290,000,000,000 from the injured party who believed to be true, after deducting the interest of KRW 10,000,000.

However, until then, the Defendant invested approximately KRW 1.27 billion in F, but did not recover approximately KRW 260 million among them, and did not recover approximately KRW 1.1 billion in the remainder. Since the Defendant borrowed a considerable portion of the Defendant’s investment money from his son, the Defendant was under the demand for repayment from his son, and thus, was under the circumstances in which the Defendant was under the demand for repayment from son, and thus, he did not have any intent or ability to pay the money even if he borrowed money from the damaged person.

Accordingly, the defendant deceivings the victim, and he obtained 290 million won from the victim to receive 290 million won as a loan from the victim.

2. The prosecutor bears the burden of proving the facts charged in a criminal trial against the judgment below, and the conviction of the guilty ought to be based on evidence with probative value sufficient for the judge to have a reasonable doubt that the facts charged are true. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine it with the benefit of the defendant.

Therefore, according to the evidence duly adopted and examined by this court, ① the Defendant received KRW 290 million from the victim E (hereinafter “victim”) and used KRW 260 million in the repayment of his/her obligation (the remainder of KRW 30 million was delivered to G), and ② the Defendant’s claim against his/her H is equivalent to KRW 260 million.