On December 23, 2013, the Defendant: “C” office located in Tong-si B, Dong-si, and “C” (hereinafter referred to as “the instant real estate”) used the victim D as an immediate article; “In order to enter into a contract rapidly, it is necessary to pay back the land to the victim; and he/she would obtain bank loans after entering into a contract; and repay all by May 23, 2014, which is five months after obtaining the bank loans; thus, he/she borrowed KRW 100 million to the victim.” The Defendant prepared and issued a loan certificate to the victim.

However, even if the Defendant received KRW 100 million from the victim and received a loan from the bank after entering into the said real estate contract, it was thought that all of the amounts would be used for other businesses, such as purchase of land located in F at the time of a grace period, and there was no property under the name of the Defendant, and the Defendant did not have any intent or ability to repay the amount borrowed by the victim, such as borrowing KRW 60 million from the wife due to the lack of money, and paying acquisition tax on the real estate

The Defendant, as above, by deceiving the victim, received KRW 100 million from the victim on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. Each prosecutor's office and police interrogation protocol of the accused (including D substitute part);

1. Each police officer's statement concerning D or G;

1. At the time of borrowing the statement of complaint, the full certificate of registered matters, the certificate of loan, and the details of account transaction in the name of the defendant [the fact that the bank borrowed 60 million won in the name of the defendant and the wife had no money and paid the acquisition tax, etc. on the real estate], the defendant did not pay any interest on February 3, 2014 except for the interest that was paid once on February 3, 2014. On June 26, 2015, the defendant borrowed approximately KRW 80 million in the real estate as security and purchased the real estate ( KRW 30 million) through purchase of other land without paying the above loan to the victim.