[2012 Highest 6781]

1. The Defendant did not have any particular property, and even if he borrowed money from others as a person of bad credit standing without any specific occupation, the Defendant did not have any intent or ability to pay the money within one month.

Nevertheless, the Defendant, at the office located in the Busan Northern-gu, Busan, on January 2012, 201, told the victim D to the effect that “The adult amusement room located in the marine transportation unit has been 7 million won closed as the borrowed money on January 26, 2012,” and the Defendant, on February 15, 2012, received 80 million won or less from the victim to pay money to him/her to him/her in return for the payment of the principal and interest within one month because he/she would have changed interest. The Defendant would have paid the principal and interest within one month. The money would be deposited in the passbook E, the wife, which is the wife, to the effect that he/she would have changed.” On February 15, 2012, the Defendant knew the victim, and the Defendant received 3 million won or more from the victim on February 15, 2012, to the effect that he/she received 3 million won or less of the principal and interest within 1 month prior to the payment.3 million won.”

Accordingly, the defendant deceivings the victim and obtains 20 million won in total.

[2012 Highest 1056]

2. Around August 19, 2011, the Defendant: (a) made a false statement to the victim G within the vehicle driven by the Defendant, which was parked on the road in front of the Busan Northern Building, that “I are preparing for the opening of a sexual entertainment room business; (b) there is insufficient funds to purchase the game machine; (c) if I lend money as you have the ability to inquire about the interest, I will only use it for several months and make a full payment.”

However, there is no fact that the defendant tried to open an adult amusement room, and as a person of bad credit standing, the defendant is a defendant.