[2019 Highest 533]

1. On June 11, 2010, the Defendant made a false statement to the victim C, “If the Defendant is running debt collection business at the present time. (b) if he/she borrowed money to B/S, he/she purchased the claim from D, a debt collection business entity, with the money, and then, he/she would make repayment within one month by adding 10% of the profits accrued from the collection of the claim to the existing loan principal.”

However, in fact, the Defendant was planning to repay the existing debt with the above borrowed money, and it was difficult to repay the financial situation, such as that there was a debt of KRW 00 million at the time. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to use the borrowed money to purchase the claim or to repay the borrowed money to the

On June 11, 2010, the Defendant received KRW 4750,000 from the victim to the E account in the name of the Defendant’s third village. On August 201, 2010, the Defendant acquired KRW 17,000,000 from the Defendant’s third village, and acquired KRW 17,000,000 from the Defendant’s second apartment shop near Seoul Special Metropolitan City, Nowon-gu, by fraud.

2. Around 2010, the Defendant made a false statement to the effect that “The Defendant would pay the victim F the remainder after deducting 40% of the collected amount from the Defendant’s debt collection (collection Fee) and the attorney’s fees, etc. from the amount delegated to the Defendant with the right to collect KRW 100 million against G owned by the victim,” from the French branch of Seongbuk-gu Seoul Y.

However, in fact, the Defendant had a plan to repay the existing debt, such as the statement in Paragraph 1, and it was difficult to do so, so even if the claim was collected, there was no intention or ability to return the money to the victim.

After the Defendant was delegated with the collection of claims from the victim, on December 2, 2010, the Defendant received 500,000 won from the above G to the above E account under the name of the E, as well as from around that time to May 12, 201.