[2016 Highest 2082] In 2000, the Defendant collected money from the victim C obtained through the Defendant’s mother B to use the money as business funds for living expenses by borrowing money from the Defendant’s mother B as business funds, while there was no particular property or income, and there was no other property or income.

On November 21, 2012, the Defendant: (a) at a restaurant with no knowledge of the trade name in the Changdong-gu Seoul Metropolitan Government around November 21, 2012; and (b) at the restaurant with no intent or ability to pay money to the victims according to the promise, the Defendant did not have any intent or ability to pay money to the victims as the said shortage of funds; (c) the Defendant falsely stated that “I want to operate the restaurant with the payment of money of KRW 8.5 million in the Philippines; (d) if I borrowed the business fund of KRW 8.5 million with the business fund, I would pay KRW 20 million after one week; and (e) received money from the victims to the Defendant’s Agricultural Account (Account Number D) on November 22, 2012; and (e) thereafter, he received KRW 8.5 million from the time to September 10, 2013 with all the KRW 49,548,000 as shown in the attached Table 1 of crime.

[2016 Highest 5539] The defendant is a child of B, and the victim E is a son between B and B.

On April 26, 2013, the Defendant made the victim’s house located in the Jung-si F, the Defendant made the victim make a false statement to the effect that “A will return money to the victim after lending KRW 3.10,000 to the victim since it is necessary to keep the Plaintiff’s business.”

However, even if the defendant borrowed money from the injured party through B, he had the intention to use it as the cost of living, there was no intention to use it as the business fund, and there was no intention or ability to repay the borrowed money.

As above, the defendant belongs to the victim on the same day.