[2013 Highest 4160] Defendant calls from the victim D, who is a member of the marriage information company C, run by the Defendant, in a place where the location is unknown on July 2012, 2012, and “if taxes are to be paid KRW 240 million due to the landscaping project in which our company is investing, it is possible to save the amount of taxes if it is loaned money, and it is possible to pay the amount of taxes immediately.” This refers to KRW 5 million on July 18, 2012, KRW 500,000 from the victim, KRW 25 million on August 1, 2012, and the same month.

6. The sum of KRW 45 million has been transferred to a new bank account in the name of the said C as a loan.

However, the above company has failed to pay taxes of KRW 20 million due to its poor business performance, and the defendant did not have any intent or ability to pay taxes of KRW 100 million, and even if he did not borrow money from others due to no particular property or income.

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

around June 18, 2013, the Defendant called the C&C office, a marriage information company operated by the Defendant in Gangnam-gu Seoul, Gangnam-gu, Seoul, to the victim F, a member of the said company, “We are also conducting landscaping business. When the amount of the sales is lent money to reduce the amount of tax by borrowing money to KRW 2.5 billion, the Defendant would reduce the amount of tax by borrowing money and immediately repay the loan including interest.

However, the defendant's company did not run landscaping business and there was no intention or ability to repay the borrowed money even if it borrowed money from the victim because the deficit of the business was accumulated around that time.

Around June 18, 2013, the Defendant, by deceiving the victim as such, received 2.65 million won from the victim to the new bank account in the name of the said C (State) as the borrowed money.

In addition, the defendant from around that time to July 19, 2013.