"2014 Highest 372"

1. On July 10, 2013, the Defendant called the victim B by phoneing around July 10, 2013 to the effect that “each city head of a Tong shall include KRW 5 million for three months in each city head of a Tong, and lending money to the effect that each city price is favorable for naturalization. That is, three months may be paid immediately by deducting the money from the head of a passbook.”

However, there was no property owned by the Defendant, and the amount borrowed from the existing victims was above KRW 20 million, and the Defendant thought to use the borrowed money as a living expense due to insufficient living expenses, and therefore, there was no intention or ability to repay the borrowed money even if he borrowed money from the victim.

As such, the Defendant, by deceiving the victim, received 5 million won from the victim to the post office C account under the name of the Defendant, and acquired it by fraud.

2. On September 4, 2013, the Defendant made a false statement to the effect that “The expenses need to be paid to the above victim in the ginseng dry field located in the area of the Gandong-gun, Chungcheongnam-gun, Chungcheongnam-do. The Defendant borrowed KRW 4.5 million and borrowed KRW 4.5 million, and the expenses will be paid if they are paid.”

However, on the ground of Paragraph 1, there was no intention or ability to repay the amount to the victim even if the victim borrowed the money.

As such, the Defendant, by deceiving the victim, received 4.5 million won from the victim to the Agricultural Cooperative FF account in the name of the Defendant’s wife E, and acquired it by deceiving the victim.

3. On January 2, 2014, the Defendant concluded that “The above victim’s ginseng field located in Young-gu, Young-gu, Young-gu, Seoul Special Metropolitan City, stating that “Around January 2, 2014, each city needs to have the expenses to go to China and go to China with an illegal staying person. It is 1 million won and 1 million won and will be repaid immediately.”

However, on the ground of Paragraph 1, there was no intention or ability to repay the amount to the victim even if the victim borrowed the money.

As such, the Defendant deceivings the victim and transfers one million won from the victim to the post office C account under the name of the Defendant.