The defendant shall be innocent.

The facts charged in the instant case are as follows.

1. On April 201, the Defendant made a false statement to the victim E by phone at a place unknown to him/her at a place that is not known, stating, “The Defendant would lend money to him/her. If so, until September 30, 201, he/she would make payment with the money borrowed prior to his/her operation, together with the money of KRW 60 million.”

However, in fact, the Defendant invested about KRW 600 million from September 2008 to October 2010, to F, a person who was engaged in drinking water wholesale business, but was unable to recover the investment money, and invested KRW 200 million from F to F by borrowing KRW 60 million from the victim E, but did not recover this money. However, the Defendant did not have any intent or ability to repay the money, even if he borrowed money from the victim, because he did not receive the interest, and was intended to use the money received from the victim to repay the Defendant’s personal debt or card price.

On April 8, 2011, the Defendant, by deceiving the victim, received 40 million won from the victim to the account of the Defendant’s bank.

2. On July 31, 2011, the Defendant made a false call to the victim at a place where it is not known to him/her around July 31, 201, stating, “The Defendant would make a payment with the borrowed money prior to the end of September 201, along with the borrowed money.”

However, the above facts did not have the intent or ability to repay the borrowed money to the victim.

On July 31, 201, the Defendant, by deceiving the victim as such, received 3.5 million won from the victim to the company bank account of the Defendant as the borrowed money.

3. On October 8, 2011, the Defendant: (a) on the bicycle race track located in Gwangju-si, Gyeonggi-do, the Defendant provided that “4 million won is changed from the victim’s place where the victim and G, etc. are located; and (b) provided that “No money exists in the water.” from the victim.