[2017 Highest 292]

1. On October 12, 2010, the criminal defendant against the victim D made a false statement to the victim D (55 years old) at the defendant's office located at the scene of the construction of a new tourist hotel (F tourist hotel) around 15:00 on October 12, 201, stating that "if the defendant lends KRW 500,000 to the victim D, he/she will complete payment until October 21, 2010."

However, in fact, the Defendant had no intention or ability to pay the amount payable to another person at the time when the amount payable to the Defendant was more than KRW 300 million, and there was a very difficult economic situation such as personal debt amounting to KRW 50 million, and even if he borrowed money from the injured party, there was no intention or ability to pay it as promised

Nevertheless, the Defendant, as such, deceiving the victim and received 500,000 won from the victim, namely, in cash, from the victim, from the time to November 25, 2010.

1. The sum of KRW 10,50,000 was received from the injured party in cash under the pretext of a loan by deceiving the injured party five times in total as described in the statement;

[2017 Highest 309]

2. The Defendant, against the victim G, operated the “I” as a blasting specialist in Tong-si from around 2006 to December 201, 201, and thereafter, from around June 201, the J operated K along with the victim G.

Around April 8, 2011, the Defendant made a false statement to the effect that “The Defendant would repay to the victim as she would have lent money to the office operating expenses as she would have borrowed money.”

However, in fact, the Defendant had no intention or ability to pay the amount payable to another person at the time exceeds the total amount of KRW 300 million, and since the other personal debt was very poor in economic ability, such as the amount of KRW 200 million, etc., even if he borrowed money from the victim, he did not have any intention or ability to pay it.

The defendant shall belong to the injured party.