[2018 Highest 970] The Defendant is a person who operated a game hall called “C” in Boan-si B.

On May 23, 2018, the Defendant: (a) borrowed KRW 2,350,00 from the Victim F to July 23, 2018 at the law firm E office located in Chungcheongnam-gun, Hongsung-gun by borrowing the repayment period from the Victim F until July 23, 2018; and (b) agreed to provide 20,350,000 won, which is movable property owned by the Defendant, as security for transfer, to the victim by means of possession revision; (c) accordingly, the Defendant had a duty to keep the said game machine for the victim, who is the mortgagee, before discharging his/her obligation in accordance with the said agreement.

Nevertheless, on June 14, 2018, the Defendant, in violation of the foregoing duties, sold 50,000 won of the game machine provided as security for transfer to a dealer of the game machine in the name of the Defendant in violation of the said duties, and transferred possession to the seller of the game machine in violation of the said duties.

As a result, the defendant acquired property benefits equivalent to KRW 28.5 million, which is the market price of the game machine provided as security for transfer in violation of his duties, and suffered damages equivalent to the same amount by the victim.

[2019 Highest 213]

1. On March 15, 2018, the criminal defendant against the victim G made a false statement to the effect that “The game room is to be operated and the operating fund is to be needed. It is necessary to lend money to the victim G, within two months.”

However, in fact, in the game where the defendant operated, there was no certain monthly income for the defendant, and there was no property owned by the defendant, and there was no intention or ability to repay the borrowed money, since the personal debt came to reach KRW 100 million, and there was no intention or ability to prevent the repayment of the borrowed money.

As above, the Defendant, by deceiving the victim, received cash of KRW 21 million on the same day from the victim, and around that time, up to June 1, 2018, 16 times in total, as shown in the list of crimes in attached Form.