[2012 Highest 742] The Defendant did not think that the Defendant would engage in a business with the victim even if he received money from the victim D as investment money in June 2005, and did not have any intent or ability to leave the profit by investing the investment money in full to E, or by importing and selling clothes from China.

Nevertheless, the defendant paid investment money to the victim for the business of importing and selling clothes from China, and it means that if he/she conducts a business, he/she can left profits, and received investment money from the victim and received some of them for personal use.

Around June 28, 2005, the Defendant: (a) sought a statement from the victim D with the mutual influenite restaurant in Eunpyeong-gu Seoul, and (b) sought the statement from the victim that he could return for a large number of profits from importing and selling Chinese clothes from E; and (c) he expected the victim to get a large amount of profits if he imports and sells used domestic clothes; and (d) he believed the victim to the effect that “if he makes an investment, he may return a large amount of profits, he may return a large amount of profits; and (e) he believed that “The victim may make an investment, 30 million won,” the victim, at the original place of Pyeongtaek-gu, Pyeongtaek-dong in Pyeongtaek-dong, Pyeongtaek-dong, in the same day, remitted the amount of KRW 30 million to the Defendant’s Agricultural Cooperative account (Account Number:F).

Accordingly, the defendant deceivings the victim and obtained 30 million won as investment money and acquired it by fraud.

[2012 Highest 1083] Around June 28, 2005, the Defendant issued 30 million won, which was paid by the victim D as investment money, to E, a merchant of Chinese clothes, which was not imported from China, and thus it was difficult to expect the occurrence of profits. Since the Defendant’s creditors were in the situation of collecting debts, the Defendant’s payment of fraternity money was made by organizing and operating a fraternity as a leader and paying it to the victim according to the order of the victim.