[2016 Highest 934] Defendant is a person who operates a general restaurant in the name of “D” in the original city C.

On October 4, 2014, the Defendant called the victim E by calls at a place where he was not a police officer for the first time, stating, “The Defendant would lend KRW 25 million to the victim E with a deposit for commercial buildings operated by the Defendant as security, transfer his claim for the deposit, and transfer his claim for the deposit every 2,500,000 won in one month, and the balance will be repaid at once after six months, and it will be paid in one million won in a set of repair expenses,” and then, on November 4, 2014, the Defendant said that “The Defendant would transfer his claim for the lease deposit for the house in F of the original city to the victim for KRW 32,50,000,000,000 from among KRW 50,000,000.”

However, in fact, the Defendant was in bad credit standing at the time, and was liable for a debt equivalent to 50 million won in the second financial rights, etc., and the deposit for commercial buildings was deducted due to the delinquency in monthly rent. Since the deposit for commercial buildings was already provided as security to a third party, there was no intention or ability to pay the deposit even if it was borrowed money from the injured party.

On November 4, 2014, the Defendant received KRW 25 million from the damaged party through the National Bank Account (Account Number G) in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

[2016 Highest 1259] On February 27, 2014, the Defendant made a false statement to the effect that “The Defendant would pay interest of 30% per month if he/she lends KRW 15 million to the victimJ, which was known to the general public, for a six-month period.”

However, the Defendant, at around that time, had a bad credit standing, such as paying a debt of KRW 50,000,000 to the second financial rights, etc. under the absence of any particular property, and paying a debt of KRW 2,00,000 per month. Therefore, the Defendant did not pay money from the injured party.