[2013 Highest 2043] The Defendant had been working together with the victim E from 1997 to 2003. From 1997 to 2003, the Defendant had been willing to borrow money by lending money while performing foreign exchange futures trading to repay debts owed to others, and to use them in continuing foreign exchange futures trading.

1. On March 31, 2011, the Defendant made a false statement to the victim that “The construction cost is insufficient to build a four-story building near G located in Seongbuk-gu Seoul, Seoul. On completion of the building, the Defendant would receive down payment and security deposit from the tenants.”

However, the fact that the building was not constructed at the time, and that the money borrowed from the victim was planned to pay debts owed by the defendant to another person while engaging in foreign exchange trading and to continue foreign exchange trading, such circumstances were concealed to the victim.

As above, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim to the Defendant’s Korea Cit Bank account on the same day, and took over KRW 440,990,000 from that time through January 10, 2012, including the transfer of KRW 14 times in total, such as the list of crimes (1) in attached Form 1.

2. On April 5, 2011, the Defendant concluded that “AP (former Private Resources Management System) was in progress with the victim during the implementation of the project. In order to implement the said project, the Defendant borrowed money to the victim as necessary. Under the contract with the Japanese company, the Defendant would pay for the retainers or service cost.”

However, the facts did not pursue the Japanese project at the time, and the defendant was charged with the money borrowed from the victim while engaging in foreign exchange trading.