[2018 고단 994] 피고인은 2016. 8. 20. 경 거제시 B에 있는 'C' 술집에서 2016. 6. 경부터 사귀기 시작한 피해자 D에게 " 물량팀장으로 일을 하기 위해 물량 팀원 7~8 명 정도를 모아 놨는데, 물량을 도급 받기 위해서는 계약금이 필요하니 돈을 빌려 주면 매달 사업 수익금으로 조금씩 변제하겠다 "라고 거짓말을 하였다.

In fact, the defendant had already been liable to pay 30 million won such as bonds, and the defendant had no intention or ability to pay the borrowed money to the victim since he had to pay 10 million won or more each month as installment of the vehicle, night consumption, personnel management expenses, etc.

As above, the Defendant: (a) by deceiving the victim; (b) received KRW 5 million from the victim’s account (F) in the name of the Defendant on the same day from the victim; and (c) received delivery of KRW 81.5 million in total on five occasions from the above day to November 1, 2016 in the same manner as indicated in the list of crimes in the attached Table of crimes.

[2018 Highest 1105] On September 21, 2015, the Defendant purchased 1st car of HJ located in Nam-gu Incheon Metropolitan City, and entered into an installment financing contract under which the Defendant borrowed 32 million won from the victim JJ to pay 19.5% annual interest rate for 48 months, and agreed not to arbitrarily dispose of the goods, such as transfer, lease, and establishment of pledge, of the said vehicle, which is the goods, without the victim’s consent, until all of the monetary obligations under the installment financing agreement are performed. On September 24, 2015, the Defendant set up a mortgage on the said vehicle with respect to 16 million won out of the principal of the said part as above, as the victim.

Therefore, the defendant had a duty to preserve and manage the above vehicle, which is the object of the right to collateral security, for the victim until the purpose of the mortgage is realized, such as repayment of the above loan principal and interest.

Nevertheless, on November 2015, the defendant was in Busan City, Daegu.