"2018 Highest 2984"

1. 피고인은 2016. 12.말경 부산 부산진구 B건물, 3층에 있는 자신의 사무실에서 피해자 C에게 ‘내가 운영하고 있는 경남 양산시 D에 있는 E 내 커피숍과 스낵코너(이하 ’E 매장‘이라 한다) 매장에 1억 원을 투자하면, 매월 10일에 전월 수익금의 50%를 주겠다’고 거짓말하였다.

However, under the circumstances where the Defendant did not think from the beginning that he would use the money received from the victim as the above E-B investment loan, and the amount equivalent to KRW 500 million per month and interest equivalent to KRW 10 million per month, the Defendant was thought to use the said investment loan as the repayment for bonds. At that time, the Defendant had already received 10% of the above E-B’s earnings from investors, such as F and G, under the condition that he would pay the said E-B revenues, and paid 10% of the said profits to the above F and G, but there was no intention or ability to pay the profits of the E-B to the victim.

Around January 13, 2017, the Defendant, by deceiving the victim, received KRW 100 million from the victim, under the name of the Defendant, from the H Bank I account in the name of the Defendant.

2. On January 15, 2017, the Defendant made a false statement that “on the part of the Defendant, within the K Burial located in the Busan-gun, Busan-gun District Court, telephone calls and pay the remainder of the construction work in the restaurant. If the Defendant borrowed KRW 50 million, the interest rate shall be KRW 1 million per month, and the delay damages shall be KRW 24% per month, and shall be paid by the end of February 2017.”

However, on the ground of Paragraph 1, the Defendant did not have any intent or ability to pay the above money, even if he borrowed money from the victim, because the Defendant was unable to pay the above investment proceeds to the victim.

The defendant deceivings the victim as such, and is under the name of the defendant on the same day from the victim.