[2018 Highest 7188] In February 2009, the Defendant was willing to acquire money by deceiving the victim B as if he did not have any financial standing or receive money from the neighbors who engage in the business and did not have any financial standing.

Around February 21, 2009, the Defendant made a false statement stating, “If the Defendant borrowed money to the victim because he/she was paid money from his/her friendship, he/she would have to pay the money immediately, because he/she would have received money from his/her friendship.”

However, the Defendant did not receive any money from the neighbors in the business and did not have any particular property or income. Therefore, even if the Defendant received the money from the victims as the borrowed money, he did not have the intent or ability to pay it as the promise.

The Defendant, as such, by deceiving the victim, received KRW 200,000 from the victim on February 21, 2009 to the F Bank account (G) in the name of the Defendant E, and received a total of KRW 94,940,000 from around that time to November 2, 2011, as shown in the list of crimes, as shown in the separate sheet of crimes.

[2019 Highest 1027] On February 22, 2012, the Defendant made a false statement to the victim J that “I would have tried to help him/her pay a lot of money at the same time.” On deposit account of KRW 10,000,000,000, the amount of KRW 10-20,000,000 shall be less than 10-20% and until February 27, 2012.”

However, at the time of fact, the Defendant was in a situation where the Defendant was unable to make an investment in stocks and was obliged to pay KRW 100 million to the securities company, and there was no particular property in bad credit standing. Therefore, even if he borrowed money from the victim, he did not have the intent or ability to repay

As above, the Defendant, by deceiving the victim and deceiving him/her from the victim on February 23, 2012, is a clerical error in the indictment “the same day” in the indictment around February 23, 2012.