Around May 2007, the Defendant and B purchased the land at the D Co., Ltd. office operated by B in Gyeyang-gu Incheon Metropolitan City, and the victim E is a G Co., Ltd. holding land of approximately 60,000 square meters, and D Co., Ltd. is a person entitled to the building permit and development of the relevant site. Since the Daecheon Industrial Co., Ltd. planned to sell an apartment on the relevant site, it can be seen that it would sell the land at a low price at a pre-sale level. Of these, 800 square meters would be purchased at KRW 1,200,000,000, which would be 96,000,000 won of the total price and KRW 20,000,000 won of the intermediate payment would be treated as a secured loan. If the remainder payment is received by November 5, 2007, the payment date of construction permit and the intermediate payment would not necessarily be returned.

However, in fact, the above F land was jointly owned by G Co., Ltd. and several persons, and a provisional registration was made on March 15, 2004 for the share of the above real estate 272851/416379 on the ground of a pre-sale on March 15, 2004. However, due to complex disputes between I and H by the actual operator of G Co., Ltd., there were considerable restrictions on the purchase of the above land and the exercise of rights, and the Defendant and B did not make any effort to obtain a construction permit within a short period. Moreover, there was no prospect to obtain a construction permit within a short period. Moreover, the money received from the victim was paid only to the owner of the land, and it was thought that the remainder was consumed individually by the Defendant and B, even if receiving the money from the victim, there was no intention or ability to later

Accordingly, the Defendant and B conspired to deception the victim as above and received KRW 10 million on June 4, 2007 from the victim to the Defendant’s account under the pretext of down payment and intermediate payment. The Defendant and B received KRW 10 million on June 5, 2007 and received KRW 10 million on June 7, 2007.