"2019 Highest 1534"

1. Around 14:00 on August 14, 2018, the Defendant against the victim B made a false statement to the Dhap legal office located in Kunsan-si, Kunsan-si, that “if a person makes an investment of KRW 30,000,000,000 to E, he/she shall pay the proceeds of KRW 7 million up to October 15, 2018; thereafter, he/she shall pay KRW 9,000,000 each month from the date on which the contract term expires until August 14, 2020; and shall have the victim manage all head of Tong and seal related to the above E business; and then deliver the same contract to the victim.”

However, the Defendant had no intention or ability to pay the amount of KRW 7 million per month or the amount of KRW 9 million per month, even if he received money from the victim, because the Defendant had a bad economic situation, such as having an individual debt worth KRW 6 million without any particular property in bad credit, and the Defendant thought that only the passbook irrelevant to the E business would be entrusted to the victim in order to pretend that the sale of the E itself does not occur.

Nevertheless, the Defendant, by deceiving the victim as above, received 30 million won from the victim to the corporate bank account (G) in F under the name of the same day as the investment money from the victim and acquired it by deceiving the victim.

2. Around July 9, 2019, the Defendant made a false statement to the victim of the victim H that “The Defendant would pay the down payment amounting to KRW 150 million to the exporting company for the import of fishery products, and if he/she did not transfer the intermediate payment of KRW 20 million to the exporting company, he/she would pay the down payment after two days if he/she lent the down payment.”

However, the Defendant, without any particular property in bad credit standing at the time, has a bad economic situation, such as having an individual debt worth 56 million won, and as above, there is such a bad credit standing.