The defendant shall be innocent.

1. The Defendant in the facts charged is the trade name of “C” from March 2016 to the Namyang-si, Namyang-si, Gyeonggi-do, and the first floor from August 2016, and the victim E, “I”, and “J” are each clerical errors in the indictment from August 2016 to the same place.

A person who has operated a carpet together with G is a person who operated the car page.

H, the agent of the above G, was on behalf of the Defendant, etc. on behalf of the said business owner prior to the said store, and on behalf of the said business owner, paid for the premium of KRW 30 million. Therefore, the Defendant, the victim, and the F was liable to H for each of the obligations of KRW 10 million.

On March 3, 2017, the Defendant: (a) demanded a police officer to repay the debt by H; and (b) made a false statement to the victim in the above Section C that “I cannot offer the cash now; (c) NI would have to receive a loan from H with an opportunity to repay the loan to H; and (d) if NI would have to pay the loan up to KRW 10 million, it would have to pay the loan later.”

However, in fact, the Defendant did not have any particular property or profit, and the Defendant was jointly and severally liable with the victim and F for 122,505,000 investment funds invested by the said G, and thus, there was no intention or ability to repay the money to the victim even if borrowing the money.

Nevertheless, the defendant deceivings the victim as above, caused the victim to obtain a loan under the name of the victim, and then transferred 10 million won to the bank account in the name of F on March 14, 2017, and F had the defendant transfer it to the bank account in the name of H, and F acquired financial profits equivalent to the above amount by making the defendant pay 10 million won to the above H by subrogation by means of re-transfering it to the bank account in the name of H.

2. Determination

A. Whether fraud is established through the defraudation of the borrowed money shall be determined at the time of borrowing, and it cannot be punished for fraud on the ground that the repayment of the borrowed money cannot be performed, such as repayment of the borrowed money, due to changes in economic conditions after the act was committed.