From April 209 to May 5, 2009, the Defendant called “I will give KRW 100 million to Non-Party Company’s shares 3,000 and Vice-Chairperson’s qualification and annual salary if I will participate in the management of the company because of good prospect for our company and invest KRW 1,50,000,000.”

However, at the time of fact, the Defendant was unable to attract investment properly, and the Defendant was extremely difficult to perform its obligations, while there was no particular property or income, and even if it was invested by the damaged party, there was no intention to transfer 3,000 shares to the victim even if it was invested by KRW 150 million from the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received a total of KRW 150 million on June 4, 2009 from the victim to the new bank account under the name of the Defendant; (c) KRW 20 million on June 10, 200 on the same month; and (d) received KRW 30 million on the 15th of the same month from the remittance; and (c) received KRW 150 million on three occasions.

2. Determination

A. The progress of the case recognized by the record is as follows.

① On July 10, 2007, the Defendant established a non-party company with the purpose of running food service business and franchise business using K, a trademark of J (J).

Around that time, the non-party company issued 200,00 shares, and the defendant accepted 98,000 shares, and the defendant's births or neighbors accepted 62,000 shares among the remaining shares.

② On February 2, 2008, a company other than a lawsuit secured the right to use the above trademark in Korea by entering into a contract with L, Inc. (hereinafter “L,”) and L, which owns the right to exclusively use the trademark in Asia.

(3) The Defendant, around May 2008, opened a lefranc in Gangnam-gu Seoul Metropolitan Government M, and on February 2009.