[2018 Highest 188] The defendant is a person engaged in construction business.

1. From the end of February 2016, the Defendant concluded that “A deposit to be paid to C is necessary to operate air-conditioning businesses directly through Chonam Business Store” to the victim B at the non-permanent coffee shop in Seo-gu, Seo-gu, Gwangju, Gwangju, the end of February, 2016. If the Defendant borrowed KRW 20 million every month interest rate of KRW 5% per year between each year, he/she would be repaid by May 2017.”

However, the defendant did not have the intent or ability to repay even if he borrowed the above money.

Around February 27, 2016, the Defendant received KRW 10 million from the victim to the post office account (D) in the name of the Defendant, and around March 9, 2016, KRW 10 million from the said post office account.

Accordingly, the defendant deceivings the victim, thereby deceiving 20 million won.

2. In June 2016, the Defendant called to the Defendant on phone to the Defendant and called to the Defendant, “Once the basic construction related to multi-household housing construction is harmful, the land owner will receive money from him/her. As the amount of KRW 10 million out of the concrete principal theory is insufficient, the Defendant borrowed money from the land owner to the money borrowed from him/her before receiving the loan.” In short, the Defendant concluded that he/she would repay the money to the money borrowed from the land owner in lump sum.

However, the defendant did not have the intent or ability to repay even if he borrowed the above money.

The Defendant received KRW 10 million from the victim to the above post office account on June 23, 2016.

Accordingly, the defendant deceivings the victim, thereby deceiving 10 million won.

3. On June 2017, the Defendant called the victim by phoneing the victim, stating, “I will return 1.5 million won after three weeks if I will lend 1.5 million won as I lack capital.”

However, the defendant did not have the intent or ability to repay even if he borrowed the above money.

The Defendant received 1.5 million won from the victim to the above post office account around July 28, 2017.