[2010 Highest 1034]

1. Around May 28, 2008, the criminal defendant against the victim C made a false statement to the victim F, Co., Ltd., Ltd., Ltd., E located in the Seo-gu, Seocheon-gu, Seocheon-gu, U.S., Sinsan-si, the defendant paid 100% of money to the above victim, who is a workplace club fee, after the lapse of 2-3 months, in favor of 10% of money. If the defendant borrowed 15 million won, he/she will pay the money as the decision ends."

However, the Defendant’s monthly wage was seized in several months, and there was no lawsuit in progress, but did not pay the credit card payment to other employees than the victim, but did not pay it. Since the card payment was overdue and was thought to use the money borrowed from the victim for the investment of stocks, there was no intention or ability to pay it as promised even if he borrowed money from the victim.

As such, the Defendant, by deceiving the victim, received 15 million won from the victim to the bank account under the name of the Defendant for the purpose of borrowing money from the victim and acquired it by fraud.

2. Around October 23, 2008, the criminal defendant against the victim G made a false statement to the victim G, who is working partner in Asia-si, Inc., Ltd., Inc., Ltd., Ltd., Ltd., “If money is short of money to purchase the house, he/she will pay the house without molding if he/she borrowed money.”

However, as stated in the above Paragraph 1 above, it was thought that the victim would use the money borrowed from the victim to repay the above borrowed money in excess of his/her obligation without paying the borrowed money, card payment, financial institution loan, etc., and thus there was no intention or ability to use the borrowed money as agreed by the victim even if it was borrowed money from the victim.

The Defendant, as such, deceiving the above victim and received KRW 15 million on the same day under the pretext of the loan borrowed from the above victim, and from March 6, 2009 to March 6, 2009.