On April 2016, the Defendant was liable to pay KRW 300 million, such as loans, in-house loans, and bonds, and the Defendant’s annual salary of KRW 17 million, which is the cause of the Defendant’s importation, cannot resolve living expenses, interest on loans, etc. on the sole basis of benefits and stocks invested in and out of KRW 17 million, and thus, the Defendant was in the actual state of “absing the repayment of liability.” Thus, even if having borrowed money from another person, the Defendant did not have the ability

1. On April 1, 2016, the Defendant, at the office of Bupyeong-gu Seoul branch office located in the 13th floor of Bupyeong-gu Incheon, Bupyeong-gu B building, 2016, issued a false statement to the effect that “The Defendant’s friendly group working as a certified public appraiser raises a considerable amount of profit by investing in real estate in the real estate using professional information, and does not allow the Defendant to participate in the said friendly real estate investment business. At the same time, the Defendant was able to participate in the said friendly real estate investment business, and the Defendant would be able to receive an investment profit equivalent to 1% per month when investing in the business. If the Defendant borrowed funds necessary for the said investment, the Defendant would pay the determined interest equivalent to 0.8% per month of the principal borrowed from the said investment profits, and the principal would be repaid six months after the payment after the date of the loan from the victim.” The Defendant, by taking it over KRW 50 million from the 16th floor of the same month.

2. On September 1, 2016, the Defendant made a false statement to the effect that “If the Defendant borrowed an additional amount of KRW 30 million in connection with the real estate investment business, he/she shall pay 0.8% interest on the loan principal per month and shall repay the principal until June 2017” to the victim’s bank account in the name of the Defendant on the same day. As such, the Defendant received KRW 30 million from the victim to the F bank account in the name of the Defendant on the same day.