"200 Highest 856"

1. Fraud;

A. On September 15, 2012, the criminal defendant against the victim B expressed his/her attitude of making an investment to the victim B, stating that “Any investment may be made by a person known to him/her. If he/she lends money, he/she would make an investment to him/her to repay the principal and interest by making an investment to him/her,” thereby making an investment in another person, thereby making a profit and making a proper repayment of the borrowed amount of the victim.

However, in fact, the Defendant had been using money to lend money to the beneficiary with a large amount of debt at the time, and there was no intention or ability to pay the money properly even if he borrowed money from the victim because only a part of the money was invested by the victim and the remainder was used to prevent the return of his debt.

Around September 15, 2012, the Defendant received KRW 10 million from the victim to the Cbank account in the name of the Defendant and received KRW 17.4 million in total from that time until April 30, 2019, from that time, until April 30, 2019.

Accordingly, the defendant was given property by deceiving the victim.

나. 피해자 D에 대한 사기 피고인은 2018. 7.경 의정부시 E에 있는 ‘F’ 식당에서, 피해자 D에게 “돈 놀이를 하고 있는데, 여윳돈을 빌려주면 돈놀이를 통해 매월 이자를 받아 이 중 일부를 지급해주겠다, 300만 원을 빌려주면 매월 15만 원의 이자를 지급하고 1년 후 원금과 이자를 한 번에 변제하겠다”라고 말하여 마치 차용금을 제대로 변제할 듯한 태도를 보였다.

However, in fact, the defendant was using money to lend his debt to the beneficiary with a large amount of debt at the time, and it was used to prevent him from returning his debt from borrowing money from the victim.