The defendant's appeal is dismissed.

The summary of the facts charged is that the Defendant did not have a plan to operate an Internet horse site by lending money from the victim B, and even if at the time the obligation reaches KRW 200 million, and even if he did not borrow money from the damaged party due to no certain income or special property, the Defendant did not have the intent or ability to complete payment.

A. A. Around December 15, 2016, at the mutual infinite coffee shop located in Asan-si, Sinsan-si, around December 15, 2016, the victim only borrowed money of KRW 12 million as he/she requires prompt payment. It will be paid only for two months.

A vehicle shall be assigned as security.

“A false statement to the effect that it received KRW 12 million from the victim’s account in the name of the Defendant on the same day from the victim;

B. On September 2017, 2017, the Defendant’s Internet horse site will be operated at the World War World War.

A deposit of 30 million won shall be placed at the head office on the horse site.

As profits accrue, the profit will be given on every Saturday, and the 12,000,000 won borrowed prior to the transfer shall be paid in one million won per month.

“A false statement to the effect that it was issued to the effect that the sum of KRW 28 million was three times, including KRW 5 million from the victim on September 7, 2017, KRW 5 million on September 8, 2017, KRW 5 million on September 8, 2017, and KRW 18 million on September 15, 2017, and KRW 28 million on the Defendant’s account under the name of the Defendant.

2. The summary of the grounds for appeal is as follows: (a) at the time of borrowing money from the injured party, the Defendant had ① KRW 500 million loan claims against the injured party, including J, K, and L, and had property, such as apartment and buildings in the name of the spouse who divorced from the loan claims for the amount of KRW 500 million; (b) the Defendant provided the victim with the automobile owned by the Defendant as security; and (c) the Defendant made a process certificate and paid KRW 103 million to the injured party after the instant crime; and (d) the Defendant was unable to recognize the criminal intent of defraudation due to the intent and ability to repay, but on different premise, convicted all the charges of this case.