Some of the facts charged were corrected.

[2019 Highest 404]

1. On February 2, 2018, the Defendant, who committed the crime of February 2, 2018, called the victim B, who became aware of his/her intention from the introduction of his/her seal at an unspecified place, to the effect that “If he/she lends KRW 400,000,000 to the victim B, he/she would pay the mobile phone fee, he/she shall do so immediately.”

However, in fact, the Defendant, without any particular property at the time, was liable for a loan worth KRW 60 million, and the income of KRW 20 million per month is insufficient to meet the living expenses. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to repay the money to the victim.

Nevertheless, on February 2, 2018, the Defendant, by deceiving the victim as above, received 400,000 won from the post office account (D) in the name of the Defendant using as the borrowed money from the victim and acquired it by money.

2. On February 6, 2018, the Defendant committed the crime of defraudation of KRW 20 million in cash on or around February 6, 2018, the Defendant made a false statement to the effect that “A” office located in Seongbuk-gu, Sungnam-si E building F, and KRW 10 million should be paid to the victim by March 6, 200, including the interest rate of KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000, won

However, in fact, the Defendant thought to use the money borrowed from the victim for the cost of living, and was liable for the debt amounting to KRW 60 million without any particular property at the time, and the income amounting to KRW 2 million per month is insufficient to meet the cost of living. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to pay it to the victim.

Nevertheless, the Defendant deceivings the victim as above, and is in cash 20 million won from the victim, i.e., the victim, who is standing.