On September 2010, the Defendant: (a) lent money to the victim E in the middle-ri restaurant of “D” in which the Defendant, who is a captain of the Sinsan-si, was working in the main room, to pay the victim the interest of 3rd of each month; (b) he was interfered with the Defendant’s payment of the money to the victim E; (c) he did not refuse to do so; and (d) he may pay the interest within two months in full, provided that the funeral service is well-grounded in the size of the restaurant or food room; and (d) the wife would not be able to pay the money to the victim E. It is false that the wife would not be able to pay the money to the victim.”

However, at the time, the defendant did not have a business start-up fund to take over the restaurant, and even if he borrowed money from the victim, he did not have an intention or ability to pay the interest and principal to the victim, as the defendant promised to borrow money from the victim, such as that he did not want to provide the defendant with funds necessary for taking over the restaurant.

Around September 16, 2010, the Defendant, by deceiving the victim as such, received KRW 20 million from the Defendant’s agricultural bank account as the borrowed money from the victim and received KRW 25 million from that time to December 30, 2010, in total, 14 times as indicated in the annexed crime list, from that time, from December 30, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. The E-statement of the suspect interrogation protocol of the defendant by the prosecutor (E)

1. Details of transactions and requests for provision of financial transaction information;

1. The application of investigation report (A to its partner), investigation report (Drum statement hearing) and statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] and the basic area (6 months to 100 million won) (6 months to 100 million won) of the Criminal Act does not exist [the decision of sentencing].