The defendant is a person who operates a bond business with money from many people, and is a space between the victim B who has come to know at a golf meeting with the lending of money to a third party.

Around November 2, 2017, the Defendant concluded that “Around 2, 2017, the Defendant would pay KRW 100 million to the victim within three months, as the balance is insufficient to purchase the land in his/her own city,” and that “Around November 2, 2017, the Defendant would create a right to collateral security on the purchased land if it has been repaid later.”

However, even if the Defendant borrowed money, he did not think that he would purchase the land, and it was thought that he would merely lend it as operating capital to C who operated the factory from the inside, and at the same time, he was liable for debts, bank loans, credit card loans, etc. to the families and branch members of more than 500 million won in total, and on the other hand, while the person who borrowed the bonds from the Defendant at the time when the payment period has expired, it was difficult for the Defendant to pay the principal to the Defendant, and there was no intention or ability to pay the borrowed money normally.

The Defendant, by deceiving the victim as such, received KRW 100 million from the victim’s account (Account Number E) in the name of the Defendant on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B and C;

1. Some police officers and the suspect interrogation protocol of the defendant (including interrogation) by the prosecution;

1. The police statement concerning B;

1. Letter of payment;

1. Recording notes;

1. Application of Acts and subordinate statutes to the Trade Tax Investigation Board (Evidence Nos. 4), Account Transaction Statement (No. 31);

1. Determination as to the assertion by the Defendant and the defense counsel regarding the relevant criminal facts, Article 347(1) of the Criminal Act regarding the choice of punishment, and the Defendant of imprisonment and counsel

1. The alleged defendant borrowed KRW 5 million from the victim and repaid KRW 328 million to the victim, and the borrowed money as stated in the facts charged was also used.