The Defendant was an investor of C Co., Ltd. (the actual operator D, hereinafter referred to as “C”), a company that leases sapap apap from sap from Oren to sap points, etc. However, around December 13, 2011, the Defendant entered into an agreement with the above D on joint management and operation of the fund with the above D and operated C by taking over management rights from that time.

On December 22, 2011, the Defendant made a false statement to the victim F (n, 51 years of age) at the C Office located in Gangnam-gu Seoul, Seoul, stating that “When investing more than 20,000 won, he/she would bring profits into a place where he/she can make profits well and return the principal after 6 months.”

However, at the time, C had no intention or ability to make profits, or to return the investment money, because of the fact that the funds were fully raised and the employee's benefits, allowances, food expenses, etc. were not paid properly, even if the victim received the investment money from the victim, it is impossible to make profits by purchasing or leasing juice sapap machines.

Nevertheless, as above, the Defendant, by deceiving the victim as above, obtained 20,000 won from the victim as investment funds for the same day and acquired them by deception.

B. On January 2012, the Defendant, in the name of the real estate down payment, concluded that “The Defendant would return the real estate down payment to the said victim within five days if he/she borrowed KRW 30,000 to the said victim at the office located in Gangnam-gu Office G in Gangnam-gu, Seoul.”

However, there was no intention or ability to return down payment within five days because the required down payment is only KRW 10 million and the real estate sales contract or the loan secured therefor has not been finalized.

Nevertheless, the Defendant, as above, by deceiving the victim, received KRW 10,00 from the victim the deposit of KRW 17,00 from the Defendant’s national bank account (I) in the name of the Defendant H around the 17th of the same month.

In the 18th day of the same month, the contract was destroyed by K, which had been under the real estate contract.