[2013 order 2558] Although the Defendant borrowed money from the victim C even though he did not have the ability or intent to complete the payment, the Defendant was willing to acquire money from the victim in order to raise funds to be invested in the production project that conducts the business with D, etc.

Around September 14, 2011, the Defendant received KRW 14 million from the victim on the same day as the loan money, on the ground that, “The Defendant, at the beginning of the Seocho-gu Seoul Metropolitan Government, is an incumbent prosecutor, is preparing the gas station business to be retired at the end of the year, and the funds are insufficient.” On the end of this month, the Defendant was provided with KRW 14 million from the victim on the same day.

On the following day, the Defendant made a false statement to the effect that “The money is needed to be paid out of the gas station capital. If the husband fails to pay it by the end of this month, he would have to pay it in lieu of paying it.” It received KRW 35 million from the victim on the same day.

In this way, the defendant was given property by deceiving the victim.

[2013Kadan5803] On May 8, 2012, the Defendant called the victim E by calls from the victim E at an unspecified place, and saying, “If the cost to be used for the manufacture project in which he/she invested is required, it will be repaid after this mold.”

However, the Defendant, without any particular property or profit at the time, was liable for the amount equivalent to KRW 45 million, and some of the money borrowed from the victim was used for the purpose of personal living expenses, and thus there was no intention or ability to repay the principal by the due date, even if the money was received from the victim.

On the same day, the Defendant received KRW 2 million from the victim as the loan money in the name of the agricultural bank in the name of the Defendant on the same day.

Accordingly, the defendant was given property to the victim by deceiving the victim.

Summary of Evidence

(b).