"2018 Highest 2590"

1. Fraud;

A. On June 20, 2017, the Defendant said, by telephone, that “The Defendant supplied promotional items to C, but there is insufficient expenses for the purchase of promotional items. The Defendant said that the Defendant would have left the victim B with a 1.3 million won first of all, and that the Defendant would have been expected to enter the victim’s KRW 125 million in the September of 201, when making an investment of KRW 1.5 million.”

However, in fact, the Defendant did not have entered into a sales promotional delivery contract with C from the beginning, and there was no intention or ability to perform the said promise because it was planned to receive the money from the victim to use the money for the payment of the customer price.

The Defendant, by deceiving the victim as above, received KRW 22 million from June 22, 2017 to a bank account under the name of the Defendant (E), and acquired KRW 8.5 million in total by receiving KRW 4.5 million on July 17, 2017, KRW 10 million on July 24, 2017, KRW 30 million on July 31, 2017, and KRW 30 million on September 26, 2017, and transferred KRW 8.5 million in cash, etc. to the Hbank account under the name of the F Company G. < Amended by Act No. 14506, Sep. 26, 2017>

B. On December 13, 2017, the Defendant visited L office operated by the victim K in Dongdaemun-gu Seoul, Dongdaemun-gu, to the victim, saying, “The sales amount is KRW 168 million, with the intention to supply it to M.” The Defendant said that N would allow L to directly supply it with the amount of KRW 168 million, as the funds to purchase and supply it are insufficient. N would have to bear KRW 120 million from L to supply it.”

However, even if the defendant received the funds from the victim, he did not have the intent or ability to allow the victim to deliver the said equipment to M.

On December 14, 2017, the Defendant, by deceiving the victim as above, received a total of KRW 120 million from an Obank account (P) in the name of N Co., Ltd. on two occasions.

C. On March 5, 2018, the Defendant: (a) the victim Q Q by telephone around March 5, 2018, at the 55th regular meeting of the Korea R&C.