A. On January 25, 2018, the Defendant was sentenced to a suspended sentence of four months of imprisonment for fraud at the Seoul Northern District Court (Seoul Northern District Court), and the judgment became final and conclusive on February 2, 2018.

B. The Defendant did not have a certain income and had a debt equivalent to approximately KRW 880,000,000 for the construction of a factory in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter referred to as “C”), and thus, even if he borrowed money from the victim B, the Defendant did not have any intent or ability to repay it. However, around October 13, 2014, the Defendant’s office located in Yeongdeungpo-gu Seoul Metropolitan Government D requires money to operate the business.

A loan shall be paid immediately if it is lent money.

“Falsely speaking,” the sum of KRW 20 million from the injured party on October 13, 2014, KRW 15 million on May 26, 2015, KRW 15 million on June 22, 2015, and KRW 65 million on September 21, 2015, including KRW 20 million on September 21, 2015, and the sum of KRW 17 million out of which was paid and the remainder of KRW 48 million was not paid.

2. Determination

A. The Defendant alleged that he borrowed a total of KRW 65 million from B and repaid the remainder of KRW 17 million, and failed to repay the loan amount of KRW 48 million. However, the Defendant had the intent and ability to repay the loan at that time, so there was no intention to commit the crime of defraudation by the Defendant.

B. As a result of the determination, the Defendant: (a) established a factory on the ground of Gyeonggi-do, E and F (hereinafter collectively referred to as “the instant factory site”); and (b) carried out the civil engineering work for the establishment of a factory with permission from the time when the civil engineering work is completed; (c) obtained a loan of KRW 880 million from G organizations for the construction of a factory; and (d) obtained permission for the construction of a factory for the entire site of the instant factory site as to a part of the instant factory site.