[B] Around 2010, the Defendant established a “D” which engages in the business of purchasing real estate through an auction with a person who has no name (the name is “C”) and without any special property, and then has collected money from investors using information on real estate sold through a real estate auction site, etc., and has engaged in real estate investment business under the pretext of money such as land purchase funds.

On February 7, 2012, the Defendant recommended investment of KRW 200 million in the name of the victim E and F, who met with the above person under whose name the Defendant was the victim E and F, from an auction, for the purpose of purchasing “the Gyeonggi-do wife” 3,700 square meters of G forest (hereinafter “the instant forest”).

At the time, a total of 37 days of graves managed by the clan I with H’s general responsibility was installed in the forest of this case, and if the graves were not lawfully removed, it was difficult for the victims to develop and dispose of the forest of this case. The Defendant provided that all of the above graves could be moved back to the victims, and received KRW 200 million from the victims as investments.

After receiving the aforementioned investment money from the victims, the Defendant prepared for the establishment of a charnel house for the relocation of the grave, and continuously confirmed the pros and cons of the I clan members on the relocation of the grave from H. On February 15, 2012, the majority of the clan members agreed to the relocation of the grave at the first clan meeting with ten members of the clan, but most of the clan members opposed to the relocation of the grave at the second clan meeting held on April 2012.

On April 2012, the Defendant, even though he had been well aware of the fact that most of the members of the I clan oppose the instant forest, was paid the money as additional investments, because he did not accurately notify the victims of such fact, and as he did not know the victims of the said fact.