Around January 7, 2004, the Defendant made a false statement to the victim E, stating that “When the Defendant lends money to operate the D cafeteria, he would receive money from the public corporation, he would receive money from the public corporation,” at the D cafeteria under the management of the Defendant of the first floor of the building located in Bupyeong-gu Incheon Metropolitan City.”

However, at the time of borrowing money, the Defendant spent more than the revenue, and the Defendant did not have any intent or ability to repay the money even if he borrowed money because he did not have any property other than the Dcafeteria.

Around January 7, 2004, the Defendant received KRW 7 million from the victim to the Agricultural Cooperative account under the name of the Defendant, and received or delivered KRW 76,060,000 from around that time to December 3, 2008, in total, from the victim over 45 times as shown in the crime list.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Some of the statements made by the prosecution against the accused in the suspect examination protocol (including the part concerning the statement made to E);

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. Each investigation report (report on the attachment of a certificate of details of loan transaction, and report on the repreparation of a crime list) (the defendant and his defense counsel asserted that the defendant did not borrow KRW 17 million as stated in the attached list No. 3 as indicated in the judgment of the victim. However, the above evidence and its evidence are acknowledged as follows. The victim stated that he borrowed KRW 22.5 million from the Korea Life Insurance Co., Ltd. (former trade name: Korea Life Insurance Co., Ltd.) around April 2004 and then borrowed KRW 17 million from the above life insurance company in the name of his spouse around that time. In light of the above facts, the victim borrowed KRW 17 million from the above life insurance company in the name of his spouse around April 29, 2004.