[2014 Highest 2866]

1. Around October 21, 2009, the Defendant against the victim C made a false statement to the effect that “A victim C, a member of the same fishing club, who is a member of the same fishing club, has been well in the operation of D, a computer sales and repair company run within the country, is making a lot of profits. At present, the Defendant received orders to supply a computer to the scamb, and would pay money within five months if he/she borrowed money.”

At the time, the Defendant was not awarded a contract for the Scam delivery, and it was difficult for the Defendant to repay the borrowed money because there was a shortage of operating funds to purchase a computer again with the proceeds of computer sales, and even if it was not possible to repay the borrowed money due to the aggravation of funds, etc., even if it was borrowed from the victim, such as the aggravation of funds, it was obtained from the victim as above from the victim to the Defendant’s account on October 21, 2009, KRW 9 million around December 8, 2009, KRW 500,000 around January 12, 2010, KRW 130,000 won around February 26, 2010, KRW 1 million around March 19, 2010, and KRW 1 million around April 9, 2010 and delivered the borrowed money under the name of the Defendant’s account.

2. Fraud in writing, electronic records, and electromagnetic records, and computer, etc., and fraud by use;

A. On February 9, 2010, the Defendant, at the D office in Daejeon-gu, Dong-gu, Daejeon-gu, provided that there was no consent from C to be admitted, access to the website of the SKRD Co., Ltd., without having obtained the consent, set up a written application for early high-speed Internet (e.g., electronic document), one Internet telephone application form, one Internet TV application form, and one Internet TV application form in the name of C, which is a prior recording of the rights and obligations, for the purpose of facilitating the management of affairs by entering and transmitting the personal information of C, etc. to each subscriber column of the Internet TV application form, and exercised it.

B. The Defendant is the same.