[2013 Highest 3874]

1. Fraud;

A. A. Around September 201, the Defendant requested victims E to distribute the marketing of the publicity leaflets in Changwon-si Members C, which is run by the Defendant in Changwon-si, Changwon-si.

However, at the time, the Defendant was liable to pay approximately KRW 350 million to the Defendant. However, the Defendant did not properly operate the said Smarket and did not refund the existing debt from around August 201 to another person in the manner of repaying his/her money, and thus, he/she was operating the said Smarket. Therefore, the Defendant did not have any intent or ability to pay the amount of distribution of the leaflet to the victim.

As such, the Defendant, by deceiving the victim, received from the victim a total sum of 20 million won from September 5, 201 to November 3, 2011, and acquired pecuniary benefits equivalent to that of the same amount after being provided with the distribution services of leaflets equivalent to KRW 20 million.

B. On September 201, the Defendant made a false statement to the effect that, at the same place as Paragraph A, the Defendant would make a settlement of promissory notes at the due date, on the face of a discount of promissory notes issued by the Defendant for the purpose of self-financial communication to the victim E.

However, the defendant did not have any intention or ability to make a settlement of promissory notes issued for the same reason as paragraph (a) at the due date.

As such, the Defendant, by deceiving the victim as such, received from the victim the transfer of KRW 17 million on September 20, 201, KRW 10 million on September 22, 201, KRW 7 million on September 23, 201, KRW 6750,000 on October 6, 201, KRW 57 million on November 2, 201, and KRW 57 million on November 2, 201, by means of the agricultural bank account under the name of the Defendant.

2. The Defendant, in the name of F on June 24, 2010, entered into a lease agreement with the victim Aju Capital Co., Ltd. and the victim company on approximately KRW 140 million at the market price, which is owned by the victim company, and received the said vehicle and kept it for the victim company. On January 24, 2012, the Defendant was on the part of the bond company in Jin Young-gu, Jin-gu, Jink-si.