[2013 Godan1833] On April 4, 2012, the Defendant made a false statement to the victim E that “if he/she is engaged in a clothing business and he/she borrowed KRW 40 million as he/she requires funds for the business, he/she will pay KRW 50 million until August 30, 2012.”

However, at the time, the defendant did not have a certain amount of income, and even if he borrowed money from the victim, he did not have any intent and ability to repay it.

Nevertheless, the Defendant, by deceiving the victim, was transferred from the victim to the single bank account (Account Number: G) in the name of the Defendant.

[2013 Highest 2452] On May 1, 2012, the Defendant concluded a contract to supply group uniforms at the second floor of the H building in Gangnam-gu Seoul, Seoul, with the victim J’s “I” office to the effect that “In order to conclude a contract, the balance certificate of KRW 200 million is necessary, and the amount of KRW 80 million is only KRW 80,000,000,000,00 won is lent, and the Defendant would immediately return money after preparing a balance certificate.”

However, even if the defendant received money from the victim, it was thought that most of them were used for other purposes, and there was no intention to use the balance certificate for the purpose of being issued, and there was no intention or ability to pay it in time because there was no particular revenue or property.

Nevertheless, on May 9, 2012, the Defendant received KRW 90 million from the victim’s bank account under the name of the Defendant, and acquired KRW 30 million in total from the victim at the Incheon Public Port on May 10, 2012, and acquired KRW 120 million in total from the victim.

Summary of Evidence

[2013 Highest 183]

1. Partial statement of the defendant;

1. According to the witness E’s legal statement, the defendant at the time of the instant case.