[2013 Highest 3763] The defendant was a person who manufactured ships and operated D, a wholesale company, in the Hannam-gun C of the Hannam-gun of the Republic of Korea.

On July 5, 2010, the Defendant called the victim E at the above D office, saying, “The Defendant would pay the transport cost by settling all the goods distribution to the victim at the end of the following month at the time of the transportation of the goods to the Geyang, Jin-young, and Kim Jong-hae.”

However, in fact, the Defendant did not have any surplus funds due to the expenses incurred in moving D's factory around March 2010. While there was no monthly income due to the proper operation of D, the Defendant did not intend to pay the transport funds to the victim because the amount of debt, such as credit card and loans of lending companies, at the time, exceeds the amount of credit that should be deposited by the customer.

The Defendant: (a) by deceiving the victim as above; and (b) had the victim transported the logistics over 120 occasions from July 5, 2010 to October 5, 2010, the Defendant did not pay 53,90,000 won in total; and (c) acquired the pecuniary profit equivalent to the same amount.

[2014 Highest 610] On December 3, 2009, the Defendant made a false statement to the victim G at the D office in the Defendant’s operation of Kimhae-si F, that “The Defendant will supply the 20 tons of scrap metal every month on the face of every page.”

However, at the time, there was no scrap metal to be supplied by the Defendant due to the lack of the construction work of steel structure, and even if the financial condition of the said D was less than that of the said D, it was unreasonable to prepare for the relocation of the D factory and receive money from the mother and child for the expenses of the management of the company, and there was no intention or ability to supply the scrap metal to the victim even if he received money from the victim.

Nevertheless, as seen above, the Defendant deceiving the victim and immediately received 20 million won from the victim, and 50 million won around February 12, 2010, and 22 February 22, 2010.