[2015 Highest 131]

1. Fraud;

A. On September 2013, the Defendant made a false statement to the effect that “B” victim E may receive money from the victim E if he/she gets in his/her position with his/her her son and her son. In so doing, the Defendant would be able to recover claims if he/she either grants activity expenses or lends necessary money.

However, in fact, it was not a member of the North Korean War Organization at the time, and since there was a lack of living cost due to the absence of a certain occupation, there was no intention or ability to recover the claim and to repay the money to the victim.

As above, the Defendant, by deceiving the victim as above, received from the victim to the victim on October 1, 2013 as activity expenses, KRW 1 million on the 16th of the same month, KRW 600,000,000 won on the 18th of the same month, KRW 700,000 on the 29th of the same month, KRW 300,000 on the 22th of the same month, KRW 40,000 on the 29th of the same month, KRW 40,000 on the 29th of the same month, and acquired 5,40,000 won on the 5,000 won on the 8th of the same month, from the Busan Bank account (F) in

B. Around December 24, 2013, the Defendant acquired Ha from the victim E at the (ju) plant located in G, Gyeongnam-si, G, and the Defendant made a false statement to the effect that the Defendant would make the down payment to the effect that the Defendant would make the down payment, on the ground that the removal of the machinery and equipment would take place at a level of 100 tons during January 2014, as the removal of the machinery and equipment would take place.

However, the fact was that the defendant did not take over the above company at the time, and the defendant did not have the funds to take over the above company, so the defendant did not have the intention or ability to take over the company after acquiring the above company.

As above, the Defendant, by deceiving the victim as above, received from the victim as the down payment, KRW 5 million on December 24, 2013, and KRW 10 million on the 26th of the same month from the victim to the Busan Bank Account (F) in the name of the Defendant.

C. Around December 30, 2013, the Defendant: (a) removed the machinery and equipment works of I from the factory located in the Gannam Development-gun; and (b) removed the machinery and equipment of I from the victim E.