The defendant is a person who is delegated with the management of the above CBD, the conclusion of lease contracts, the receipt and use of deposit money and monthly rent, etc. by D, the owner of the Gyeonggi-do CBD.

On October 10, 2014, the Defendant entered into a lease contract of KRW 110,00,000,000 from the F office located in Gyeonggi-gun, Gyeonggi-do, to the victim G on the deposit of KRW 202,00,000,000 for the deposit of KRW 10,000,000,000 for the deposit of transfer, and entered into a special agreement at the time of cancelling the registration of transfer of HB transfer established for the purpose of security 202, and received KRW 11,00,00 as the down payment from the victim on the same day as the down payment, and around November 20, 2014.

On December 17, 2014, the Defendant entered into a contract with the victim on the wall referred to in the above CFC 202 by altering the former CFC 302 to the above CFC 302, but the first payment of KRW 33 million was replaced by the said CFC 302 down payment and the intermediate payment, and at the same time, said CF 30 million was paid, the Defendant would cancel the registration of transfer of HF 302, a stock company established for the purpose of securing the above CFC 302.

However, at the time, the Defendant did not pay the construction cost to the construction business operator with respect to the above CBD construction, and was demanded to pay the construction cost from the construction business operator, and the construction business operator would exercise the right of retention without granting the construction cost, so even if he received the lease deposit from the victim, he did not have the intent or ability to cancel the registration of transfer of H ownership.

Accordingly, the Defendant, by deceiving the victim as above, acquired the same amount of property benefits by replacing the victim’s 33 million won from the victim as a down payment and intermediate payment as a substitute for contract deposit and intermediate payment. On December 18, 2014, the Defendant received KRW 77 million from the victim as a balance on December 18, 2014.