On June 2008, the Defendant: (a) prepared a plan to purchase Indonesian registry 8700 tons of ship; and (b) paid 1.6 million won as the purchase contract deposit for ship; and (c) was promoting a loan for the remainder payment; (d) attempted to acquire money in the name of the charterage by deceiving the Victim G due to the shortage of the company’s operating funds.

On August 5, 2008, the Defendant, at the above F Office, paid the down payment to H, an employee of the victim company, “The Defendant paid the down payment to purchase the vessel at our company, and the bank loan was almost completed, immediately paid the remainder and purchased the vessel.

In the future, a false statement was made to the effect that the purchase of a ship in the future would cause the hire of 60-day shipping time charters for five years.

However, at the time, the loan of financial institutions for the payment of the remainder of the ship was difficult, and intended to pay the balance through the creation of the ship fund, but the defendant was in the absence of investors, and the defendant was in a situation where it was not capable of purchasing the ship by paying the balance normally due to the absence of any particular assets.

As such, the Defendant, by deceiving the victim company, received 891,064,300 won from the victim company to a new bank account in the name of F Co., Ltd. for the same day charterage.

Judgment

The key issue of the instant case was that the Defendant was unable to lend a financial institution to pay the remainder of the ship at the time, and intended to pay the remainder by creating a ship fund, but this was not the investors, and the Defendant was unable to pay the remainder normally due to the absence of particular assets, and was in a situation where the Defendant was unable to purchase the ship by paying the remainder normally. As such, as the loan was concluded, G Co., Ltd. (hereinafter “G”).