[2012 Highest 1875]

1. The Defendant, as a partnership business, agreed with B, to operate Kink's specialized points in the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, and agreed to additionally bear KRW 50 million out of the lease deposit 100 million, but failed to prepare for this.

On March 3, 2011, the Defendant made a false statement to the effect that “The Defendant, a liquor wholesaler, who visited to conclude a liquor monopoly contract in Gwanak-gu, Seoul Special Metropolitan City, would offer a loan with interest-free liquor amounting to KRW 50 million as security and have the F director G-owned land repaid in 20 months with repayment.”

However, in fact, the Defendant did not pay new member shops in the lawsuit due to the dispute over the F’s trademark rights, and only delivered part of the existing member stores to the former member stores without paying new member shops. However, the financial situation was not good to the extent that the FF head office of the former FF, and there was no cash which could make an investment in addition to the above-mentioned deposit, and there was no real estate owned by it and it was difficult to receive a loan because it was difficult to provide a security and obtain a loan due to the lack of any real estate, so even if he borrowed money, he did not have the intention or ability to pay the money, and there was no ability to provide

On April 4, 2011, the Defendant received KRW 50 million from the victim to the account in the name of Jeonbuk Bank in the name of H, a stock company with which the Defendant was operated.

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

[2012 Highest 1915]

2. On May 1, 2010, the Defendant: (a) applied for auction based on the claim to return deposit money for the lease on the said building from the victim J and K applied for auction on the basis of the claim to return the deposit money for the lease on the said building; (b) withdrawn the auction applied for the payment of dividends due to the low successful bid price due to the low lien on the I building; and (c) there was a lien on the said building; and (d) there was a lien on the said building.