The Defendant, around July 30, 2013, at the E resting restaurant working for the victim D in the plane captain-gun, Busan Metropolitan City, on the day of July 30, 2013, told the victim D to the effect that “G” is operated from the Ulsan-gun F, Ulsan-gun, and that the above private teaching institute is opened and opened around September 2013, the number of students would be approximately KRW 100, and the number of students would be equal to the number of students. On September 2013, 2013, the Defendant made a false statement that the Defendant would promptly enter into a contract, and that it will go beyond other persons.”

However, on July 19, 2013, the building of the above private teaching institute had already been voluntarily decided to commence the auction and had been conducting the auction. The number of students of the private teaching institute did not have more than ten. The defendant had no intention or ability to allow the victim to normally operate the restaurant of the above private teaching institute even if the defendant received the deposit for operating the restaurant of the above private teaching institute from the victim because the H and I who entered into the entrustment contract for the restaurant was not fully refunded.

The Defendant received KRW 10 million from the victim as a deposit, namely, a cashier’s checks, and KRW 30 million from August 5, 2013 as a cashier’s checks, and around September 2013, the Defendant received KRW 43.5 million in total by receiving KRW 3.5 million from the Defendant’s post office deposit account in the Defendant’s name on two occasions.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Some statements made by the prosecutor in the interrogation protocol of the accused (the purport that the prosecutor did not notify the private teaching institute building that the procedures for voluntary auction are in progress, and that the deposit received to H and I was not returned);

1. Each legal statement of witness D and J;

1. An agreement on consignment of a cafeteria;

1. Application of Acts and subordinate statutes to investigation reports (Evidence Nos. 8 and 12);

1. Relevant Article of the Criminal Act, Article 347(1) of the Criminal Act, the reason for sentencing of imprisonment [the scope of recommendations] is general fraud.