[2012 Highest 4179] The Defendant did not have a certain occupation, and the Defendant was working as professor of C University Policy Graduate School after graduating from his/her prestigious book to others, and is a person who is working as if he/she were to engage in a business such as exporting plastic raw materials by using his/her pro rata personnel and friendship with China.

1. Around August 6, 2010, the Defendant made a false statement to the effect that “A” hotel F with “E” located in Yeongdeungpo-gu Seoul Metropolitan Government D would be repaid to the victim F, who was known to the Defendant, “I will pay back to the next week if I lend to the victim F, who would be 10 million won as I need to pay the money at present.”

However, on October 1, 2009, the Defendant had already been in excess of the obligation, such as receiving 200 million won from the National Bank, and had no certain income, and thus there was no intention or ability to repay the amount even if he borrowed money from the victim.

As such, the Defendant, by deceiving the victim and deceiving the victim, obtained 6 million won in the name of the borrowed money from the victim, namely, at the seat, and 4 million won in total from August 17, 2010, and acquired 10 million won in total.

2. On September 18, 2010, the Defendant made a false statement to the effect that “If the Defendant borrowed 5 million won as machine down payment to the victim as soon as possible, he/she would promptly repay the next day.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it as described in the above paragraph (1).

As such, the Defendant, by deceiving the victim, received five million won in the name of the borrowed money from the victim, namely, at the seat, and acquired it by fraud.

3. Around September 30, 2010, the Defendant made a false statement to the effect that “Around September 30, 2010, the Defendant would make a full payment after having come to China, if the Defendant borrowed only 20 million won to pay marriage assistance to China.”

However, the defendant money from the victim.