A. On August 27, 2009, Defendant B made a false statement to the effect that “Around August 27, 2009, the Defendant entered into an exclusive agreement with F, an agent of Egymnas Association, on a wedding business trip with F, an exclusive agreement with F, an agent of Egymnas Association, and KRW 21 million per P, a deposit, may be paid to F, and the remainder may be divided into profits.”

However, since the above money was thought to be used for other purposes, such as the defendant's business fund, etc., even if the money was received from D, there was no intention or ability to pay the proceeds through a business trip.

Nevertheless, the Defendant made a false statement as above and received 21 million won from D around August 28, 2009.

B. The Defendants, on April 2010, demanded payment of KRW 20 million from D of the promissory notes borrowed from D in the past, and offered to receive KRW 20 million from G and to pay it to D.

Accordingly, on April 13, 2010, Defendant B made a false statement that “The preparation for the facilities, etc. necessary for the opening of H wedding hall business is completed and the resident representative will be held at the end of two months, and the construction will be carried out at the end of two months, and if the investment of 20 million won is made, Defendant B would pay the profits by recognizing 5% of the shares.”

However, in fact, the Defendants did not have the intent or ability to pay the shares and earnings of the H funeral business even if they were to use the said money to repay their obligations to D, and even if they were to receive the investment funds from G.

Nevertheless, the Defendants, once by deceiving G as above, received KRW 20 million from I on the same day, and had G transfer KRW 10 million on April 22, 2010 and KRW 10 million on April 26, 2010 to each I, acquired property benefits equivalent to the same amount.

2. Determination

A. The judgment on the above paragraph (a) is from Defendant B D.