"2015 Highest 681"

1. Fraud;

A. On September 2009, the Defendant was planning to create a large-scale leisure complex in the “D” office located in the “D” office located in Gangnam-si, Gangnam-si, the Defendant made a false statement to the victim E, stating that “(D) will create a large-scale leisure complex from the “D” office in the “D” office,” which is owned by the “D” office in the Gangwon-si, G and H class,” and that I would purchase pine trees in the above group, and that I would purchase pine trees in the above group, and that in order to purchase all of the said pine trees, the purchase price would be changed so that more than one billion won may enter into a contract for the sale of trees with F.

However, in fact, the defendant did not have the authority to enter into a contract for the sale of trees with F at the time and did not have the intention or ability to enter into a contract for the sale of trees with F at the time, and even if he received money from the victim, he did not think that the above money was used as a stock investment.

Accordingly, the Defendant paid KRW 120 million (including the amount invested by the victim from J as the down payment) from the victim on September 10, 2009 as the down payment, KRW 80 million on October 15, 2009 as the first intermediate payment (including the amount invested by the victim from K), and KRW 100 million on June 30, 2010 as the second intermediate payment (including the amount invested by the victim from K).

Accordingly, the defendant acquired a total of KRW 300 million from the victim.

B. On July 31, 2012, the Defendant made a false statement to the victim K’s “Mwon” office located in Gangnam-si L, stating that “If the Defendant borrowed KRW 10 million to pay the part payments for the purchase and sale of trees to the victim, he/she would complete payment up to December 31, 2012.”

However, even if the defendant borrowed money from the victim due to no occupation or property at the time, he did not have the intention or ability to pay it, and he thought that he would use the money as the funds for purchasing pine trees located on the ground of Gangnam-si, and did not think that he would use it as the intermediate payment of the N tree sales contract.