A. On May 19, 2010, the Defendant: (a) around the subway station located in Seocho-gu Seoul Metropolitan Government, through D and E at the I coffee shop near the subway station in Seocho-gu, Seoul; (b) “The Defendant grants the victim F the right to construct a 100 million won capital as a security deposit for the interior works of the golf practice hall; and (c) the national franchise license of C’s national franchise store.

“.......”

However, the Defendant was unable to complete the development of screen golf equipment at the time, and did not enter into a franchise store contract, and thus, even if the Defendant received the deposit from the injured party, he did not have the intent or ability to grant the license.

The Defendant, as such, by deceiving the victim, received KRW 25 million as the deposit money from the victim on May 19, 2010.

B. On June 10, 2010, the Defendant, via D and E, planned to implement the golf practice hall in four places, such as both sub-dongs, fry, and J distance, to secure the construction if the Defendant deposits the remainder of KRW 70 million to the victim.

“.” The purport was “.

However, the Defendant was unable to enter into the above franchise store contract at the time, and thus, the Defendant did not have any intent or ability to authorize the franchise store business, even if he received the deposit from the injured party.

The Defendant, as such, by deceiving the victim, was transferred from the victim, KRW 30 million to the national bank account (K) in its name on the same day, and KRW 40 million to the same account on June 11, 2010.

2. Determination

A. Criminal facts in a criminal trial should be established based on strict evidence with probative value, which leads a judge to a reasonable doubt. Therefore, in a case where the prosecutor’s proof does not sufficiently reach the extent that such conviction would lead to a judge’s conviction, the same shall not apply.