The defendant's appeal is dismissed.

Costs of trial in the trial shall be borne by the defendant.

1. The summary of the grounds for appeal that the defendant received KRW 4.5 million from the victim around May 26, 2018 is a repayment of KRW 4.5 million with credit computed by the victim against the defendant.

Therefore, the defendant did not deceiving the victim as stated in the facts charged.

2. Determination

A. The Defendant, while working in a singing room, has developed into a relationship with the victim D, who was a customer at the singing room called the “C” located in Gangnam-gu Seoul, Gangnam-gu, Seoul.

The Defendant, even if he borrowed money from the victim, did not have the intent or ability to repay it, stated that “F located on May 26, 2018, located in Gangnam-gu, Seoul, Seoul, and the first floor, “F shall have the interest to repay to the beneficiary,” and that “F shall have the interest to repay to the beneficiary, and if it is possible to repay the money with the intention to pay the money, it shall have the interest to collect the money from the beneficiary and to pay the money to the beneficiary.”

As such, the Defendant, by deceiving the victim, received 4.5 million won from the victim to the G bank account (H) in the name of the Defendant.

B. In full view of the following circumstances that can be recognized by the evidence duly admitted and investigated by the court below, the defendant could sufficiently recognize the fact of deceiving the victim as stated in the facts charged.

Therefore, the defendant's assertion is not accepted.

1) The victim consistently stated from the investigative agency to the court of the court below that "the defendant lent 4.5 million won to the victim "before he/she loans 4.5 million won to the victim," and that "I would like to pay 4.5 million won to the victim," and that "I would like to pay 2.5 million won in advance," and that "I would like to pay 2.5 million won in advance," and that "I would like to pay 2.5 million won in advance," and that "I would like to pay 2.5 million won in the defendant around June 10, 2018."