"2019 Highest 329"

1. The criminal defendant against the victim B was a newter who entered the Republic of Korea around 2009 and operated a mutually cafeteria called “D” from June 2013 to Dacheon-si. The victim B visited the said restaurant as a customer to the said restaurant and first became aware of.

On October 21, 2013, the Defendant concluded that “A” restaurant “D shall repair the restaurant, but the repair cost is insufficient. If the Defendant borrowed money, the Defendant would have the victim repay the restaurant as soon as possible by operating the restaurant.”

However, at that time, the Defendant was only about KRW 90 million, and there was no special property, and there was no intention or ability to repay even if the Defendant borrowed money from the victim due to the lack of any import because the operation of the restaurant is difficult.

On October 21, 2013, the Defendant, at the end of the foregoing false statement, received KRW 5 million from the victim to the Defendant’s post office account, as indicated in the attached Table 1, by deceiving the victim at the same restaurant from around that time to July 3, 2014, and received total of KRW 228 million from the victim to the same account.

2. Around October 16, 2014, the defrauded of the Victim E stated, “A” clothes store operated by the Victim E located in Dacheon-si, Dacheon-si, that the Victim “G is in need of a wedding ceremony in China, and there is no cash at the present time. The Defendant would pay the clothes back to China and immediately after a week on credit.”

However, the defendant had no intention or ability to pay the price, even if he received clothes from the victim due to the absence of any special property or income, such as the statement in Paragraph 1.

The defendant shall be punished by one male's pathy and female pathy which are equivalent to the sum of 1,610,500 won from the victim, at the above time and place.