"2017 Highest 723"

1. Fraud;

A. A. Around October 12, 2014, the Defendant entered into a contract with the victim B and Jeju, and carried out the construction work with the victim B.

On December 30, 2014, the Defendant extended KRW 30 million to the victim B as the construction site of the above private gambling facility was newly constructed and repaid within one week from the date of the construction site to the victim B.

“A false representation was made.”

However, in fact, since the Defendant continued construction work from around 2013 in a way that appropriated the construction cost to the construction cost of another construction site in progress, and the obligation was accumulated, and the financial situation of the Defendant could not be paid properly the wages and material cost of the construction site in progress from the early December 2014 when the financial situation sharply aggravated from the early February 2014, the Defendant thought that the construction cost of the existing construction site was to be used as repayment of obligations, and there was no intention or ability to pay the loan within one week as agreed upon.

The defendant deceivings the victim as above, and he acquired 30 million won from the victim to the account in the name of the defendant under the name of the victim on the same day.

B. On January 17, 2015, the Defendant against the victim D entered into a contract with the victim D to set up a multi-family house building project in F E E in Jeju on January 17, 2015 with the victim “on the face of paying a part of the construction cost as a advance payment, the Defendant purchased materials, etc. with the said money, and completed the structural construction up to April 30, 2015.

“A false representation was made.”

However, as seen above, the Defendant continued construction in the so-called way to prevent the return, and the obligation was accumulated, and the financial situation sharply aggravated from the early December 2014.