Although the Defendant operated the clothing store at Suwon-si, Suwon-si, 2006, the Defendant did not have any intent or ability to pay the interest on the bonds worth KRW 320,000,000 with the profits from the clothing store even if he borrowed money from other persons.

Nevertheless, on May 25, 2006, the Defendant received KRW 40 million from the victim E, on the ground that “The victim E newly opened the clothing store in the inciting the right in Suwon-si, and the interior fund is needed. If the Defendant borrowed KRW 40 million, he shall pay two additional interest until October 24, 2006, by lending the KRW 40 million.”

Accordingly, the defendant deceivings the victim, thereby deceiving 40 million won.

Summary of Evidence

1. Legal statement of witness E;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. The defendant and his/her defense counsel's assertion about the defendant and his/her defense counsel asserted that the defendant had the intent to repay money from the victim at the time of borrowing money, and that the defendant's ability to repay is sufficient, so fraud is not established.

On March 1, 2006, the following circumstances acknowledged by evidence are as follows: (a) the Defendant opened two clothing stores (F and G) around March 1, 2006; (b) invested more than KRW 300 million in total under the name of deposit for lease; (c) lease expenses; and (d) loaning KRW 40 million out of the victim with bonds; (b) the Defendant appears to have invested money equivalent to KRW 140 million in the apartment execution project from around early 2003 to the end of 2005; (c) the Defendant borrowed KRW 180 million from the credit service provider to invest in the said apartment execution project; and (d) borrowed KRW 140 million in total for the said store operation expenses, including borrowing KRW 140 million from the loan service provider H; and (e) borrowed KRW 320 million in the above clothing sales site; and (e) borrowed KRW 200 million in the above clothing sales site.