"2017 Highest 3940"

1. Around July, 2014, the fraud Defendant made a false statement to the effect that “A victim C shall make an investment in D business and make a payment for a travel company’s penalty shall be paid to the victim at the end of the year, if he/she lends KRW 100,000,000,000 per month and at the end of the year, to reduce the monthly interest of KRW 3,000,000. The share in D business shall be at least KRW 1,50,000,000,000, and shall be disposed of at least one year after the business and shall be repaid in preference to other creditors.”

However, there was no intention or ability to pay money to the victim as agreed by the victim because the defendant's travel agent at the time was in a hostile state, and the D business was also in a state of deficit that does not make any profit at all, and even if all of the businesses operated by the defendant were disposed of, the financial situation of the defendant was significantly worse, and the amount of money was less than the loan.

The Defendant, as such, by deceiving the victim, received KRW 30 million from July 22, 2014 on the pretext of the loan from that deceiving the victim and then received from that deceiving the victim.

7. Around 30.30.00, a total of KRW 97,000,000 were received and acquired.

2. The Defendant was unable to pay the victim the above loan principal and interest KRW 120 million on the agreed date. The Defendant: (a) filed an application for a seizure and collection order against the credit card companies of Ulsan-gu F building in which the Defendant actually operated under the name of his mother and “G main store” on the first floor; and (b) filed a request with the Ulsan District Court for a seizure and collection order.

In order to avoid seizure of card sales, the Defendant, without any cause, changed the name of the above main office in Ulsan Tax Office from the above E to H that is an employee, thereby making it impossible to identify the said main office.

Accordingly, the defendant conceals property with the intention to escape compulsory execution, and thereby, the creditor is the victim.