[2015 Highest 1566] The Defendant called the victim D around 10:00 on August 20, 2012, Busan Shipping Daegu CA Dong 401, and “it is urgently necessary to pay business funds to her husband to engage in the business of leasing office, 1.5 copies of interest shall be paid, and the principal shall be repaid six months thereafter.

“A false representation was made.”

However, at the time, the Defendant had reached approximately KRW 320,00,000, and had thought to use the above debt repayment and living expenses from the victim with money, and had no intent or ability to repay the debt even if he/she borrowed money from the victim with an unsound business outlook.

The Defendant received 60,000,000 won from the injured party to the Busan Bank account in the name of the Defendant in the name of the third party on the same day.

Accordingly, the defendant was given property by deceiving the victim.

[2016 Highest 419]

1. On September 26, 2012, the Defendant committed the crime at around September 26, 2012, at the F Office of Defendant’s operation on the fourth floor of Busan Shipping Daegu EMMM, the Defendant paid off the loans of KRW 200 million to the victims G (V, 52 years old) who had a usual friendship. “The funds for the interior of the commercial building for the interior of the building are fright and fright, and the interior building to be leased the object of auction is not the fright. As such, the Defendant would be paid off the loans of KRW 200 million.

“.........”

However, at that time, the Defendant did not have any particular property or monthly income, while the Defendant borrowed KRW 60,000,000 from around August 2012, and was in excess of his/her obligation due to fraud. Even if he/she borrowed money from the injured party, he/she did not think that his/her personal obligation, etc. was repaid, but did not intend to use the Defendant’s personal obligation, etc. as the interior of the commercial building because he/she did not proceed with the construction of the interior of the commercial building, and it was no longer possible to receive the loan. Therefore, it is difficult to repay the amount as agreed, and the end is false.

The defendant deceivings the victim as above and is at the time of the damage.