[2019 Highest 190]

1. On November 20, 2015, the Defendant committed the crime against the victim B at a agency for the operation of the Defendant in Chungcheongnam-Nam-nam, stating that “If sold, the Defendant purchased one E at a low price, which was exhibited in another agency, and then borrowed KRW 39.5 million, then he/she would sell it within a month, and bring back against his/her profits.”

However, even if the victim provided the above money, the defendant did not have any intention or ability to pay the money to the victim remaining after purchasing the above money, even though it was thought that it will be used as debt repayment and agency operation funds.

Nevertheless, as above, the Defendant, by deceiving the victim as above, received 39.5 million won from the F Bank account (G) in the name of the Defendant for the same day from the victim as the loan money, and, as shown in the attached Table 1, remitted the total amount of KRW 124.5 million from the above date to December 30 of the same year.

2. On September 28, 2017, around 15:30 on September 28, 2017, the Defendant: (a) made a false statement to the victim prior to the J of the victim’s operation in Chungcheongnam-Nam-Nam-Nam, stating, “If the Defendant purchased a heavy vehicle and then exported it to east-Nam-Nam-Nam-Nam-Nam-Nam, the Defendant would have remaining at KRW 1.5 million per 1,50,000,000 per 1,50,000 won per 1,50,000,000 won per 1,50,000,000 won per benefit accrued from the export year after the purchase of the two vehicles.”

However, even if the victim provided the above money, the defendant did not have any intention or ability to pay the money to the victim remaining after purchasing the above money, even though it was thought that it will be used as debt repayment and agency operation funds.

Nevertheless, the defendant deceivings the victim as above, and such deceptions from the victim to the F Bank account (K) in the name of the defendant, around 14:11.