[2014dan3606] On October 2013, the Defendant made a false statement to the effect that “A victim C is preparing to open a club in 50 million won or more, and the business fund is insufficient.” The above deposit is nicking about the capital in, and is expected to pay interest on six installments.”

However, the defendant did not have paid-in capital at the time, and even if he borrowed money from the victim due to the situation in which he did not receive any money from others, he did not have any intention or ability to pay the money.

The Defendant, by deceiving the victim as above, received KRW 56,40,000 in total from around October 21, 2013 to the national bank account under the name of the Defendant, around KRW 18,80,000, and KRW 28,200,000 in the same month and KRW 9,40,000 in the same year.

[2015 Highest 287] The defendant is a person who operated D.

On December 2, 2013, the Defendant, at the end of Yongsan-gu Seoul Metropolitan Government Underground 1st, recruited investors on behalf of the victim F, “D is jointly operated by another person who is different from D, and another person deducts his/her share,” and made an investment of KRW 1,50,000,000 among total investment cost 2,10,000,000,000,000 won, and the remaining 45,50,000,000 won would be 25% of the common representative status and net profit, and D’s revenue would be 4,00-5,000 won per month, but it would be guaranteed as 40,50,000 won per month.”

However, at the time, D's revenues did not amount to KRW 400-50 million for one month, and was in every month, and did not pay employee's wages and monthly rent. The Defendant did not have any intent or ability to pay monthly revenues of KRW 400-5 million even if he did not receive investments from the victim because he had no experience in operating the club.

The defendant deceivings the victim and is under his control.