[Judgment of the court below]

1. On September 3, 2012, the Defendant committed the crime of defraudation of pecuniary profits worth KRW 7 million, saying, “E” operated by the victim D in the name of the victim D located in Jincheon-gun, Jincheon-gun, Chungcheongnam-do, that “E deposits KRW 240 million in the deposit account in the name of his/her husband and wife, so it is possible to withdraw after making a deposit, and once it is possible to withdraw it, he/she would immediately give KRW 7 million in the deposit account in the name of his/her husband and wife.”

However, in fact, the Defendant did not have money deposited in the deposit account and did not have any intention or ability to pay the full-scale price due to the absence of any other property.

Nevertheless, the Defendant made a false statement as above, and caused the victim to pay an amount of KRW 7 million around the 10th of the same month.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

2. On September 6, 2012, the Defendant, who acquired money by deceptioning KRW 10 million, shall withdraw money from the account with KRW 240 million deposited to the said victim D with the loan of KRW 10 million from the said victim D around September 6, 2012.

‘A false statement' was made.

However, in fact, the Defendant did not have any money deposited in the deposit account and did not have any intent or ability to repay the money to the victim even if the Defendant borrowed money from the victim without any other assets.

Nevertheless, the Defendant, as above, received KRW 10 million from the victim as the borrowed money on the same day on the same day.

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

【2013 Highest 188 Case】 The Defendant in collusion with F, and around May 3, 2012, at the Ida operated by the victim H in Gwangju North-gu, Gwangju, the facts are paid in advance by the victim under the name of advance payment, etc., and despite the absence of the victim’s intent or ability to work as an employee in the Ida operated by the victim, the victim will pay the above money, the following day shall be the victim’s money.