"2019 Highest 1303"

1. Around May 25, 2016, the Defendant stated that “A victim B introduced through a branch, who made an investment in the domestic construction business, makes a false investment with the fact that he/she made a good profit. B, who, after about two months after the end of the week, will return the total amount of KRW 45 million to KRW 50 million.”

However, the Defendant did not have been making investments in the construction business at that time, and even if receiving the money from the victim, it was thought that the Defendant would not use the money as the investment in the construction business and use it as the personal debt repayment or cost of living, so there was no intention or ability to return the said investment money to the victim or to pay the agreed profit.

The Defendant, by deceiving the victim as above, received KRW 45 million from the victim’s account in the name of the Defendant on the same day.

2. On August 31, 2016, the Defendant stated that “A victim G who was introduced through a branch office in Busan Etel F, “at present, a family-type hotel construction project is being conducted in Jeju-do, and the project fund is required. If the amount to be used as the project fund is lent KRW 50 million, the Defendant would repay it within one month and pay interest thereon.”

However, in fact, the Defendant only lent some business funds to H, who is the operator of the said hotel construction project. From around 2012, the Corporation was suspended due to its financing problems and the real estate security trust contract was concluded on the construction site, so it was not possible to make profits normally from the implementation project. Since considerable portion of the money received from the victim is thought to be used for the Defendant’s personal purpose, including the repayment of the debt to B as set forth in the above Paragraph 1, the Corporation thought to be used.