[2015 Highest 187] The Defendant became aware of the G, the representative of the victim F corporation, through Korea White Livestock Co., Ltd. E, as a person who operates livestock distribution business under the trade name of “D”.

On September 5, 2013, the Defendant served as a managing director of the victim in I located in Daegu-gun H on September 5, 2013.

J shall dispose of money within one month of the high seas and pay the money by no later than three times until December 7, 2013, regardless of whether it was sold.

The phrase “ makes a false statement.”

However, the Defendant was unable to pay the price to the companies previously engaged in the business by the due date, and the office operating funds were required to be loaned from other people. The Defendant did not have any ability or intent to pay the price within the due date even if he was provided with the money from the victims, such as deeming the deficit equivalent to KRW 300 million only for the year 2012 because there was no profit from the stock distribution business.

Nevertheless, on September 5, 2013, the Defendant, through the J, was provided 34 tons of the nives worth of 250,061,330 won at the market price from the above I to the victims of deception by deceiving the victims.

[2015 Highest 925] On July 18, 2014, the Defendant would pay the amount by the end of the month when the Defendant supplied swine to the victim in the Dong-gu Daejeon-gu M&D office, Daejeon-gu, Seoul Special Metropolitan City M&D, and “if the Defendant supplied swine meat to the injured party on credit, the amount will be paid by the end of this month.

“.........”

However, at the time, the Defendant had a debt of KRW 1 billion to the previous business entity, such as failure to pay the price properly, and had to raise funds from other persons in the office operation fund, and had no intention or ability to pay the price normally even if the Defendant was provided by the injured party, such as regarding about KRW 300 million in 2012 and about KRW 400 million in 2012.

The defendant deceivings the victim as such, and is subject to it.