A. On October 28, 2014, the Defendant: “The Defendant is running a business of lending used cars together with the family-gu. When lending money, the Defendant purchased used cars or lent money to the person who borrows the used cars as collateral, and if he/she fails to repay the money, he/she would pay the interest on every 8-9 portion per month if he/she lends money.”

However, in fact, the Defendant did not operate a business related to used cars, but did not want to receive interest from the lender, but did not have any property owned by itself, and there was no guarantee that the lender may receive interest or principal as promised even if he/she had received new loan from July 2014 and appropriated it for the purpose of repaying the existing loan.

B. Nevertheless, the Defendant: (a) by deceiving the Plaintiff as above; (b) received total of KRW 53,390,000 from October 28, 2014 to January 20, 2016, as indicated in the list of crimes (attached Form 1) from the Plaintiff; and (c) received total of KRW 53,390,000 from the Plaintiff.

(hereinafter referred to as "the act of deceitation of this case")

On May 25, 2017, the defendant was sentenced to a conviction of two years of suspended execution (Seoul Central District Court 2016Gohap169) in one year and six months of imprisonment with prison labor for the crime of violation (Fraud) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) through the deceptive act in this case, and the above judgment was finalized on June 2, 2017.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 through 6 (including each number in the case of additional number), and the purport of the whole pleadings

2. Determination

A. According to the above facts of the judgment on the cause of the claim, the defendant deceivings the plaintiff even though he did not have any intent or ability to complete the payment even if he borrowed money from the plaintiff, and he received a total of KRW 553,390,000 from the plaintiff and acquired it by deceit.