The Defendant around May 22, 2012, at a “D” restaurant located in Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, the victim E has 70% of the shares of the Gwa Holdings located in Dongdaemun-gu Seoul Metropolitan City F.

It is necessary to make money in order to purchase 30% of the shares of the remaining partners.

That is, if another investor re-purchases shares, 47 million won, including interest, he/she shall fully pay 50 million won in the draft, to the other investor.

The term "assumed" was referred to.

However, even if the Defendant borrowed money from the victim, he did not intend to use it as the cost of acquiring the shares in a wedding, and there was no intention or ability to pay the money within the draft.

As such, the Defendant, by deceiving the victim, received money from the victim on May 23, 2012, KRW 30 million, and KRW 17 million on May 24, 2012, and KRW 47 million.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each legal statement of witness E, H and I;

1. Some of the suspect interrogation records of the defendant by prosecution;

1. E prosecutorial statement;

1. The loan certificate;

1. Copies of bankbooks, agricultural bankbooks, and transaction details of single bank passbooks;

1. Recording notes;

1. Making records and reporting of records;

1. Application of Acts and subordinate statutes to each investigation report (Evidence records 140, 209 pages);

1. According to the pertinent legal provisions on criminal facts and the evidence revealed in the judgment on the criminal intent of the Defendant’s defraudedation, the Defendant: (a) borrowed money from the victim to purchase 30% of the share in the crowdfunding; and (b) borrowed money from another investor to purchase the said share; (c) immediately, the Defendant borrowed money from the victim; (d) used the Defendant’s living expenses, interest on the Defendant’s obligation; and (e) the Defendant used the money as the Defendant’s operating expenses for crowdfunding, instead of using the money borrowed from the victim for purchasing the share; and (e) the Defendant acquired the share in the crowdfunding amount of KRW 300 million from J to acquire the share in the KRW 30 million, thereby making the Defendant acquire the share in the Holdings amount of KRW 300 million.