[2017 Highest 180]

1. On February 14, 2011, the criminal defendant against the victim C said that, at the coffee shop in Gangnam-gu Seoul Metropolitan Government, the victim C, “The victim C operates a new store in F underground stores, and it would pay 5% interest every month if the purchase price is required, and the purchase price is lent 25 million won.”

However, in fact, the Defendant had been in a situation where the obligation equivalent to KRW 70 million has already been accumulated, and it was difficult to expect that the Defendant would be able to repay the accumulated obligation and pay the amount of money to the victim because it was not well-being, and there was no other ability or intent to pay the amount of money even if he/she borrowed money from the victim due to the absence of assets in his/her possession.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 25,00,000 from the victim to the agricultural bank account in the name of G under the same day as the loan money, and acquired KRW 165,00,000 in total five times from that time to May 16, 201, including the transfer of KRW 25,00,000 from the victim to the same account as the loan money.

2. On May 21, 201, the Defendant made a false statement to the victim H that “The Defendant would pay KRW 9 million to the victim H after adding the interest rate of KRW 1 million, if the Defendant did not have any money to take in the goods, since he did not have any money to take in the goods.”

However, the Defendant had no capacity or intent to pay money within the agreed date, even if he/she borrowed money from the injured party due to the circumstance that he/she had been unable to pay the money normally due to the accumulated liabilities equivalent to KRW 70,000,000, as stated in paragraph 1.

Ultimately, the Defendant deceivings the victim as above, and thereby deceiving the victim.