[2018 Highest 3420]

1. On November 23, 2016, the criminal defendant against the victim B made a false statement to the victim B, at the E office located on the second floor of D large prevention point located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, on November 23, 2016, stating that “B is engaged in the current financial brokerage business, and up to 40 persons working under the inside, are required to purchase insurance. It is necessary to pay money to this employee. It is necessary to lend KRW 35 million to enable the payment of insurance expenses to be repaid by November 26, 201.”

However, the Defendant did not engage in the financial brokerage business, did not need to pay the insurance expense to the employees, and even if he borrowed money from the victims, he did not have any intent or ability to pay the money.

As such, the Defendant, by deceiving the victim, received 35 million won from the victim to the F bank account under the name of the Defendant on the same day as the loan money, and acquired it by deceiving the victim.

2. Around April 5, 2017, the Defendant made a false statement to the victim G who came to know of himself/herself as a customer when he/she was in the H bank, stating that he/she still made a call to the victim G, which he/she had become an employee of H bank, that “I would be able to alter the current H bank at a fixed interest rate of the variable at the H bank. As a result of the benefit of VIP members, I would be converted to the fixed interest rate at a low interest rate.”

However, the defendant was retired from H Bank, even if he received money from the victim, he was planned to use it for the repayment of his borrowed money, and there was no intention or ability to change the terms and conditions of the interest rate of the victim.

Around April 11, 2017, the Defendant, by deceiving the victim and deceiving the victim, was the sum of KRW 10 million to the F Bank account in the name of the Defendant’s wife, and KRW 10 million to the F Bank account in the name of the J, the Defendant’s seat on the 13th day of the same month, and KRW 25 million to the above I’s account on the 28th day of the same month.