"2015 Highest 352"

1. On July 30, 2013, the Defendant: (a) concluded a real estate sales contract for five parcels of land, such as 843 square meters, located in I and two warehouses on the land, at the office of “G” operated by the Defendant, located in Yong-Gun F, Chungcheongnam-gun, Nam-do; (b) on July 30, 2013, the Defendant concluded a real estate sales contract for five parcels of land, including 843 square meters, located in I between the Defendant and the victim H; and (c) the Defendant concluded a contract for real estate sales for two warehouses on the land; and (d) the Defendant concluded a contract for real estate sales for the victim’s real estate, “I would have been liable for all obligations if the obligees may not execute the real estate subject to sale, and would have lent KRW 15

However, at the time of fact, the defendant did not have any particular income, and there was about 1.2 billion won in total and about 1.4 billion won in operating losses, and even if he borrowed money from the victim, there was no intention or ability to repay it.

The defendant had the victim pay 150 million won of his personal debt, such as the above borrowed money, on his job.

In this respect, the defendant, by deceiving the victim, acquired economic benefits equivalent to the above amount.

2. On September 16, 2013, the Defendant made a false statement to the said victim at the same place as “On September 16, 2013, the Defendant: (a) borrowed money from K at an auction in the kimchi factory; and (b) if K first borrowed 50 million won from K to resolve the claim for provisional seizure, K would first lend 150 million won; and (c) make payment by December 31, 2013, in total, 200 million won.”

However, at the time of fact, the defendant did not have any particular income, and there was about 1.2 billion won in total and about 1.4 billion won in operating losses, and even if he borrowed money from the victim, there was no intention or ability to repay it.

On September 16, 2013, the Defendant had the victim remittance 50 million won to K on September 16, 2013.

Accordingly, the defendant is the victim.