[2016 Highest 1581] On December 23, 2014, the Defendant made a false statement to the effect that “The Defendant would allow the victim to lease land owned by the FF farming association under this representative for two years,” and at the same time make it possible for the victim to purchase a track created in Germany at a low cost.”

However, in fact, the defendant did not pay personal debts such as bank loans and bonds and did not have an intention or ability to lease the land to the victim or purchase the Trackor even if he received money from the injured party because he did not pay the personal debts from the injured party.

Nevertheless, the Defendant received KRW 1,00,000 from the injured party as the down payment, i.e., KRW 25,700,764 as the down payment, and received KRW 25,70,764 as the new bank account (H) in the name of G around December 24, 2014, and received KRW 3,220,000 around January 6, 2015, KRW 7,90,000 around February 13, 2015, KRW 6,70,000 around April 3, 2015, and KRW 3,000,000 from May 18, 2015, respectively.

Accordingly, the defendant, by deceiving the victim, obtained a total of 47,320,764 won and acquired it by fraud.

[2017 Senior 138] On January 1, 2016, the Defendant made a false statement to the effect that “The Defendant would allow the victim I to purchase money at a low price through a public auction on the face of a week.”

However, in fact, the defendant was unable to repay his personal debt such as bank loans and bonds, and the defendant was trying to pay his personal debt with money from the injured party, so even if he received money from the injured party, he did not have the intention or ability to purchase the excavated machine through a public auction.

Nevertheless, the Defendant, from the injured party’s account in the name of the Defendant (J) at the time bank account (J) on January 30, 2016, bid price is KRW 500,000,000 as contract deposit, and KRW 5.5 million on February 11, 2016.