On April 24, 2018, the Defendant sought from the 6th subsidiary office of the building B in Bupyeong-si, Busan, the 6th floor C, and the victim D, “I wish to open the 2nd office in the Incheon Songdo, and to operate the business at the new village because it is located in a new village where the 2nd office is located in the new village. The Defendant would grant operating rights upon paying KRW 30 million, and would pay KRW 2 million a month when I serve as the head of the sales center. The monthly event is guaranteed from 30 to 40 cases, and at least 20 million events are guaranteed, which can be seen as a benefit of KRW 4 million only at the end of the week.”

However, in fact, the Defendant already received money from E, F, etc. as a security deposit before reaching the victim, and granted the right to operate the business entity with the above new point of view to the said new village, but the indictment, even though the contract was terminated later, stated that “F, etc. was terminated due to the failure to engage in business.” However, according to the records, the Defendant can be acknowledged that E is aware of the dual contract of F, thereby cancelling the contract, and that F is unilaterally notified of the termination of the contract.

Since the exercise of the defendant's right to defense is not hindered, the relevant part shall be revised to "after the termination of the contract."

In the situation where the money received as a security deposit was not returned to E, etc., the above new village was accumulated because it was not operated properly at the time, and in this situation, the victim was planned to use the money received as a security deposit for operating expenses, and even if concluding an operation agreement with the victim for the above new village, the victim did not have the intent or ability to guarantee the operating profit of the business or return the security deposit to the victim.

The defendant deceivings the victim as such, and then concludes a contract with G new village in the same place as the victim on the same day.