"2013 Highest 248"

1. Fraud of victim P;

A. On May 5, 2012, at around 14:00, the Defendant stated that “The Defendant would pay the principal house and pay the cost of living to the victim P” under Article 102 of the Q building Q building 102, “I will complete the payment by the end of October, 2010, if I lend KRW 3 million.”

However, in fact, there was no place for the Defendant to perform funeral services, and at the time, the Defendant was unable to pay the said money with the interest of the night market. At the time, the Defendant was unable to pay the money borrowed from R, etc., and there was no money to pay the said money after having joined the bid bid, etc., and the Defendant was liable for a large amount of obligations, such as lending the deposit amount of KRW 18 million from the lender. Since there was no certain amount of income, there was no intention or ability to pay the money borrowed until the end of October 2012.

Nevertheless, the Defendant, by deceiving the victim as such, received 2.79 million won, excluding interest 2.10,000 won from the bank account in the name of the defendant living together, in the name of the defendant, from the victim.

B. On June 25, 2012, the Defendant made a false statement to the victim on the place indicated in the foregoing paragraph (a) stating that “I would make a payment by the end of September if I would lend 6 million won to the victim, because I would urgently require the delivery of alcoholic beverages by South S,” but there was no intention or ability to make a payment as described in the foregoing paragraph.

Nevertheless, the Defendant, by deceiving the victim as such, received 5,360,000 won, excluding interest 6,40,000 won from the bank account in the same day from the victim.

C. Around July 6, 2012, the Defendant made a false statement to the victim that “Around the same place, 1.5 million won need to be paid to the victim, and 1.5 million won should be loaned to the victim.” However, there was no intention or ability to pay the amount as above.

Nevertheless, the defendant deceivings the victim as such and belongs to it, Gyeongnam Bank on the same day from the victim.