"2017 Highest 4055"

1. Fraud against the victim B;

A. On March 22, 2016, the Defendant was a person who holds a position as the president of the Incheon Branch of the Co., Ltd. (C) and works in the position of the president of the Incheon Branch of the Co., Ltd. (hereinafter “C”).

On March 22, 2016, the Defendant stated that “If basic funds are insufficient to construct a loan from the Pyeongtaek-gu Incheon branch office located in Yeonsu-gu Incheon Metropolitan Government D, the Defendant would pay KRW 13 million to the victim, who is an accounting officer of the said company, after the month, if he/she received a loan from the bank after the month.”

However, due to the failure to repay the debt of approximately KRW 20 million at the time, the financial situation such as receiving the investigation by the investigative agency was very bad, and even if the bank borrowed the money from the victim, it did not have any intention or ability to repay the money on the agreed date.

As above, the Defendant, by deceiving the victim as above, received KRW 5 million in cash from the victim, and around March 24, 2016, received KRW 10 million in total from the account opened in the name of the Defendant to the account opened in the name of the Defendant.

B. On April 8, 2016, the fraud Defendant stated, “Around April 8, 2016, the Defendant loaned KRW 30 million to the Defendant at the coffee shop near the headquarters located in Daejeon, that “I would repay KRW 80 million including the principal, if I lent KRW 30 million to the Defendant at the Daejeon site, I would have borrowed the loan from the bank after three months.”

However, due to the failure to repay the debt of approximately KRW 20 million at the time, there was a very bad financial situation, such as being investigated by the investigative agency, and there was no fact that the construction of loans was conducted at the Daejeon site, and there was no plan to receive loans from the bank, and there was no intention or ability to repay the loans on the agreed date even if they were borrowed money from the victim.

The defendant deceivings the victim as above and receives 5 million won in cash on the same day from the victim.