[2017 Highest 4296]

1. In October 2016, the Defendant: (a) at the club office in Seo-gu Daejeon, Seo-gu, Daejeon, the Defendant: (b) identified the victim’s business operator who is in preparation for opening a business at a lower price than other construction business operators if he remitted the down payment; and (c) on the desired date of the construction works, the Defendant said the victim’s business operator who is in preparation for opening a business. First of all, the Defendant asked the victim of the club office in preparation for opening a business to KRW 40 million in the aggregate amount of KRW 10 million for interior work down payment, KRW 10 million for sound construction down payment, KRW 10 million for lighting work down payment, KRW 10 million for electrical construction down payment, KRW 10 million for electrical construction, KRW

However, even if the defendant receives down payment from the victim, he thought that he will use it for personal purposes, such as vehicle rent, etc., and he did not know about the victim's business operator who will cause the construction at a low price, nor did the victim have no intention or ability to make the construction according to the date desired

Around November 2, 2016, the Defendant, by deceiving the victim, received 40 million won from the victim to the E bank account under the name of the Defendant designated as a contract for construction work from the victim and acquired it by deceiving the victim.

[Judgment of the court below]

2. On October 2, 2017, the Defendant, at the “H” office operated by the victim G in Daejeon-gu, Daejeon-gu, stating, “I will provide the victim with a benz vehicle operated within the limit of KRW 10 million due to the lack of operating funds, and will pay the victim two months later.”

However, on August 2017, the Defendant had already provided a benz vehicle (I) to another person as collateral and borrowed eight million won or more, so there was no intention or ability to provide the benz vehicle as collateral to the victim, and there was no intention or ability to pay money normally to the victim because the operation of the benz operated by the Defendant was difficult.

The defendant deceivings the victim as such, and is on the same day from the victim.