The Defendant, at the office of the fifth floor of the Gangnam-gu Seoul Metropolitan Government DD Building at the end of October 2011, saying, “I would promptly repay money to the victim E (the age of 60)” and received KRW 1 million from the victim’s account on November 31, 201 of the same month, and around that time, “I would lend money to the victim until November 15, 201,” and received money from the above account on November 2, 201 to the above account.

However, the Defendant was in arrears with a tax amount of approximately KRW 1.1 billion, and was liable for financial institutions equivalent to KRW 50 million, and was unable to pay wages to employees due to economic difficulties due to other special assets or no profit-making. Therefore, even if the Defendant borrowed money from the victim, there was no intent or ability to pay the amount normally.

The Defendant received from the victim a total of KRW 26 million, including KRW 1 million on the 31st of the same month, and KRW 26 million on the 25th of the same year, from the victim, to the above C’s account.

Judgment

1. As evidence corresponding to the above facts charged, there are statements of E and F, details of bank transactions, etc.

2. The Defendant asserts from the beginning that: (a) one million won is the provisional contract amount for Hongcheon G land; (b) twenty-five million won is not the fact that the Defendant used funds to continue the company after hearing the difficult circumstances of the company; and (c) even if the borrowed money is the borrowed money, the Defendant and C was sufficiently aware that at the time, the amount cannot be repaid.

3. The following facts (e.g., the document of borrowing the above amount was not prepared between E and the Defendant, and E agreed to pay interest at 3% per month, which are acknowledged by the record, but the Defendant paid 500,000 won to E, and E did not pay interest.