[2015 Highest 2361]

1. The Defendant against C was aware of the Victim C, the husband of G and G, who was the husband of the G, while her mother was traveling from F to get a new forest from F, in the new Party “E” located in G, Young-si.

On September 30, 2013, the Defendant requires “E” with “F” as well as “E” with “B to receive a new forest,” and the Defendant need to receive KRW 20 million.

The mother made a false statement that he/she has an apartment in common name with his/her mother.

However, in fact, the Defendant had a debt equivalent to KRW 70 million at the time, and had no other property, such as there was no apartment house under the joint name, and it was unclear whether the Defendant would be able to repay the money to the victim with the money borrowed from the new party after receiving the forest. Accordingly, there was no intention or ability to repay the money even if the Defendant borrowed the money from the damaged party.

The Defendant, through G, prepared a document of fairness with the content that the victim, who was the husband of G, and the victim, who was the husband of G, who heard the above Defendant’s horses, would pay the amount of KRW 20 million up to October 1, 2014, and received KRW 20 million from the victim in cash.

As a result, the defendant was given property by deceiving the victim.

[2015 Highest 3514]

2. On October 2013, the Defendant made a false statement to the effect that “A victim H made it difficult to live, such as gas costs of the coffee shop operated, electricity costs, and failure to pay, etc., due to the lending of money, and use the money as a living cost, etc., and that he/she would pay the money by transferring the coffee shop.”

However, at the time, the Defendant assumed the obligation equivalent to KRW 70 million, and in the case of coffee shop, it was not well-established to the extent that it would be difficult to pay KRW 1 million monthly rent, and thus, there was little possibility that he will receive the transfer price by transferring it to someone.