Since the Defendant invested a large number of money in a multi-level sales organization from 2006 and continued to secure a debt due to the failure to recover it, and around July 2009, the Defendant was in short of living expenses such as repayment of debts by means of credit card loans or borrowed money from other persons, etc., so even if having borrowed money from other persons, there was no intention or ability to pay it, and even if the number system is organized, there was no intention or ability to use the money paid by the members for the repayment of their debts, and thus, there was no intention or ability to operate the system normally.

1. The criminal defendant against the victim D had no intent or ability to pay such money, even if he/she borrowed money from others.

Nevertheless, on July 16, 2009, the Defendant was transferred from the victim’s bank in Gangdong-gu Seoul Metropolitan Government to the Agricultural Cooperative (Account Number E) account in the name of the Defendant, under the name of the Defendant, 25 million won on the same day, to the effect that the Defendant borrowed money to the victim D to the effect that “I will give the interest on the 1.5 side of each month, and if I will return the principal at any time, I will pay the principal immediately.”

Accordingly, the defendant, by deceiving the victim, acquired 25 million won.

2. The Defendant had no intent or ability to pay the said money, even if he borrowed the money from others.

Nevertheless, in the vicinity of the Agricultural Cooperatives in Gangdong-gu Seoul Metropolitan Government on September 22, 2009, the Defendant made a false statement to the effect that “If the Defendant lends 10 million won to the victim F, 1.5 million won per month interest shall be paid, and if the principal is required, 1.5 million won per month, 1 million won per month shall be paid immediately if the victim talks with the victim one month before the principal is paid.” The Defendant’s husband’s name is the same as the loan money from the victim.