However, in fact, the contract regarding the E-Cvalescent was not expected to be a sexual intercourse immediately, and around the end of December 2013, it was not expected that the contract regarding the above hospital was not a sexual intercourse, and thus, it was not expected to receive the down payment. Since the business profit of the Defendant’s company was in a state of deficit, the Defendant did not have any intent or ability to pay the down payment even if he borrowed money.

Nevertheless, on November 29, 2013, the Defendant, by deceiving the victim as above, received KRW 40 million in total from the Defendant’s national bank account (F) with the Defendant’s name and KRW 30 million in total from the same account on December 31, 2013.

2. In full view of the following circumstances revealed by the evidence duly admitted and investigated by this court, it is difficult to believe that the Defendant was aware of the fact that the Evalescent-related contract was concluded and that he was paid the down payment under the above contract, and that he was given the Defendant a total of KRW 70 million as stated in the facts charged. Rather, there was a continuous commodity transaction between C Co., Ltd (hereinafter “C”) and G (hereinafter “G”) with the victim’s main agent. However, C operated by the Defendant.