Since the Defendant was declared bankrupt on July 8, 2009 and was unable to register the business under his name due to bad credit standing, the Defendant borrowed the name of D and continued to lend the business from E to E on July 201.

Around August 2012, the Defendant, at the “H” office operated by the victim G in the two weeks-si, called “H” office operated by the victim G in the two weeks-si, that “A business is conducted by lending the name of “E,” and “E is difficult to conduct the business due to not having opened the passbook.” The Defendant concluded that the relationship with E is organized and the head of the Tong is returned and the amount of money is needed to be refunded. If the Defendant borrowed KRW 100 million, the relationship with E may be adjusted, and if the head of the Tong is returned, the Defendant would be able to refund the amount of KRW 53 million which he/she has not borrowed, and the amount of KRW 100 million will be repaid.”

However, at the time of fact, there was no property owned by the Defendant. D, the obligation of KRW 30 million to E, the obligation of KRW 40 million to E, the obligation of KRW 70 million to J which is the business partner, the obligation of KRW 53 million to the victim, and the obligation of KRW 50 million to the victim, and the obligation of KRW 70 million to pay the interest accrued from this non-business. From August 2012, 2012, the obligation was virtually accumulated, such as the obligation of KRW 30 million to D, the obligation to pay KRW 40 million to E, and the obligation to pay KRW 70 million to the victim, and the repayment of the interest accrued from this non-business was not the obligation to pay the rent to the owner of the building operated by the Defendant in Scheon-si, and there was no situation in which the business could normally be operated due to the dispute with E.

The Defendant, as above, was unable to operate a business entity in the name of E any longer due to the debt, business deterioration, dispute with E, etc., and only borrowed KRW 100 million from the victim to borrow a new business fund in order to lend another person’s name, other than E, and to raise a new business fund necessary therefor. The Defendant borrowed KRW 100 million from the beginning.