On July 2013, the Defendant came to know through the land owner at the above D office on July 2013 to E (66). “At present, a factory building has been put out of auction due to bank obligations, and the company's business is very well-grounded, so monthly sales are good.

On the other hand, if a debt is fully repaid, the security of the factory building shall be terminated, the mortgage shall be set up in the first order, and the amount of money shall be paid within one year with the loan secured by the factory.

In addition, interest shall be paid 2% a month by giving rise to it.

2. The term “assumed.”

However, the above D, at the time, operated by the Defendant, was liable for the additional obligations of KRW 1,770,000,000 to the bank, including additional obligations of KRW 2,770,000,00 to the customer, the outstanding amount of KRW 270,000,000 to the customer, and the overdue tax amount of KRW 100,000,00,000,000,00,000,000,000,000,000,00

Nevertheless, on July 15, 2013, the Defendant: (a) obtained a total of KRW 100 million from the victim to the Defendant’s agricultural bank account on July 15, 2013; (b) KRW 100 million from the Defendant’s Saemaul Treasury account on July 23, 2013; and (c) KRW 100 million from the same account on July 24, 2013.

2. Determination

A. Fraud is established by deceiving another person to make a mistake by inducing such act of disposal, thereby obtaining property or pecuniary advantage. It must be related to deception, mistake, and property disposal (see Supreme Court Decision 2000Do1155, Jun. 27, 200). Whether a certain act constitutes deception that causes a mistake of another person, and whether such deception and property disposal are related to a mistake, is in the situation of transaction.