[2013 Highest 284] The Defendant is a person who operates D in Thai-gun C from around 2004.

Around March 20, 2012, the Defendant made a false statement to the victim E that “The Defendant would pay the price of supplied goods to the victim E by packing and selling the rice at the prime place.”

However, in fact, even if the Defendant, at the time, had a debt of 1.5 billion won or more and had no special property to repay the debt, received rice from the Defendant and sold it to others and received the sales proceeds therefrom, he did not have an intention or ability to repay it even if he received the rice from the Defendant, as the interest on the above obligation, or the Defendant’s card price.

The Defendant was supplied by the victim with rice equivalent to KRW 23.55 million around that time.

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

[2013 Highest 561] The Defendant engaged in rice sales business under the name of “F Partnership Corporation”, and did not pay for the amount equivalent to 370,594,572 won throughout 18 times in total from June 6, 2009 to September 28, 2009, and did not pay for the supply of rice from the G operating the refined rice, thereby making a provisional attachment on the real estate owned by the Defendant, “Seong-gun-gun C above ground buildings, H, I, J, and K Forest”, the real estate of the Daejeon District Court as the creditor, on November 20, 2009, and on November 25, 2009.

1. On December 4, 2009, the defrauded G at an irregular place, “Around December 4, 2009, the Defendant applied for KRW 300 million for the management stabilization fund for small and medium enterprises, and due to provisional seizure on real estate and deposit claims, there is no funds for the management stabilization of small and medium enterprises. If a provisional seizure is cancelled, the Defendant is provided with the funds for the management stabilization of small and medium enterprises until December 31, 2009, and fully pays rice.