"2017 Highest 896"

1. The Defendant is a person who operates a toilet sanitary article supply company with the trade name “D” in Daegu Jung-gu, Daegu-gu.

On June 3, 2016, the Defendant concluded that “A” in the above D office would transfer the entire business of “D” to the victim E, and that “A hundred and twenty million won would be changed from the price of the business, including business rights, customer rights, offices, and vehicles.” According to the agreement with the victim, KRW 100 million would have been paid prior to the transfer of the entire business, and the remainder of KRW 20 million would be paid as profits by the victim after receiving the entire business from the victim.

However, in fact, from March 2016, the Defendant tried to transfer the entire business of “D” to F, a creditor of the Defendant, with money received from the injured party and tried to use it as gambling money. As such, there was no intention or ability to transfer the entire business of “D” to the injured party. At the time, the Defendant reached a debt amount of approximately KRW 400 million, so there was no intention or ability to refund the amount to the injured party if the Defendant could not transfer the entire business of “D” to the injured party.

The Defendant received from the victimized person a total of KRW 10 million in the Defendant’s account under the name of the Defendant on June 7, 2016, KRW 20 million on June 14, 2016, KRW 10 million on July 1, 2016, KRW 300,000 on July 3, 2016, KRW 10 million on July 11, 2016, and KRW 47 million on July 13, 2016.

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

2. On August 17, 2016, the Defendant: (a) under investigation by the police station in Daegu-gu and by the police officer of the G Team, the Defendant: (b) transferred money that he received from E to an account in the name of money exchanger I, a money exchanger; and (c) returned money that he received from E to an account in the name of J; and (d) carried out gambling; and (c) remitted money in the name of the purchase price of machinery manufactured by Hand and Hands;

The police officer made a statement and submitted evidentiary materials.