Defendants are not guilty.

1. The Defendants in the facts charged are those who jointly operate the “F sexual surgery” located in Seocho-gu Seoul Metropolitan Government, and the victim G is those who worked at the hospital as the head of public relations department from 2009 to March 2014.

On September 2013, the Defendants knew that there was KRW 100,000,00 collected by the injured party to use it as a deposit for the lease on a deposit basis with the knowledge of the fact that there was no funds for the operation of the hospital, and around that time, the Defendants thought the injured party to borrow money from the injured party.

A loan of KRW 100,000 shall be granted only one year. If a loan is made, it would be possible to use monthly officetel and to provide monthly rent of KRW 100,000 per month in lieu of interest, and the principal will be repaid at the expiration of one year from the date of borrowing the principal.

“A false representation was made.”

However, in the process of purchasing the building of the hospital at around April 2012, the Defendants had to pay approximately KRW 35 billion monthly loans from the bank as collateral. At the time of borrowing money from the injured party, other obligations than the above financial rights and obligations were in the status of KRW 10 billion, and employees’ benefits continue to continue to be paid. Therefore, even if the Defendant borrowed money from the injured party, the Defendants did not have any intent or ability to provide the monthly rent of KRW 100,000 per month or to repay the said borrowed money at KRW 10 million per year.

On October 14, 2013, the Defendants conspired to induce the victim, and received a transfer of KRW 100 million from the victim’s account under the name of Defendant B via the SC Bank account (H).

2. Determination

(a)in consumption lending and borrowing transactions, if the lender is aware of the credit standing of the borrower and it is likely that future delay or impossibility of repayment has been anticipated, due to such personal relationship as the relationship between the lender and the borrower and the continuous transaction relationship;