[2014 Highest 2757]

1. On April 4, 2013, the Defendant made a false statement to the victim F through E at the D office of the Defendant’s management company located in Mineyang-si Co., Ltd. (hereinafter “C”) around April 4, 2013, that “If the Defendant lends KRW 10 million to the graduate school I attend, he/she would necessarily pay the factory proceeds by April 10, 2013.”

However, in fact, while the Defendant had claims equivalent to KRW 290 million against G, the Defendant had a claim that was practically difficult to recover due to G’s default, there was a claim that was already difficult to recover due to G, and there was a debt of KRW 1 billion or more with respect to financial rights, etc., and the shortage of factory operation funds due to business depression. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to repay it within the due date.

As above, the Defendant, by deceiving the victim and deceiving him through E, acquired 90,000 won (one million won credit with a prior interest) from the victim through E on the same day.

2. On April 8, 2013, the Defendant made a false statement to the effect that “If the factory operation fund is loaned to the victim in an irregular area below Daegu, Daegu, on April 8, 2013, the Defendant borrowed KRW 40 million from H around April 15, 2013, the Defendant would repay up to KRW 10 million borrowed from H to April 4, 2013.”

However, as in the preceding paragraph, the Defendant had a large debt so that it is difficult to operate the company, and the KRW 50 million, which the Defendant received from the said H, also cannot be used for the repayment of the debt because it is essential to operate the company, and thus, there was no intention or ability to repay the debt in time even if the Defendant borrowed money from the victim.

The Defendant, by deceiving the victim as above, received KRW 40 million from the victim to E’s account on April 8, 2013, and received KRW 33.5 million from the victim, and used 33.5 million (prepaid interest KRW 1.5 million) from the Defendant, and used 5 million out of the remainder.