The Defendant did not intend to pay the premium to B, or to pay the deposit to C, an incorporated foundation that is the owner of the said store, even if the victim B received the transfer of the first floor F restaurant store of E, which is leased and operated by C (the president D) from the victim-based foundation C (the lessee of the said store).

On February 2, 2015, the Defendant would pay KRW 400 million to the victim B at the cafeteria of the trade name called “h’s operation of the victim B located in Gangnam-gu, Seoul.”

By February 14, 2015, a foundation foundation, the owner of the building, will enter into a lease contract with 200 million won and 210 million won, and the above store was transferred to the above store from the victim B. On March 16, 2015, it was continued to pay 200 million won to the employee of the victim foundation C who owns the above building by March 20, 2015, and paid 9537,00 won monthly rent to the employee of the above store by March 20, 2015. The draft of the building lease contract with the same content was prepared, and it was allowed from the owner of the above building to occupy and use the above store by the defendant.

However, without paying the premium to the victim B, it received the above point's deposit without paying the lease deposit to the victim foundation C, and operated the restaurant business in the trade name of I at the above store by the end of August of the same year and acquired the amount equivalent to KRW 118,029,450 for the use of rent, etc. during the above period.

Summary of Evidence

1. Legal statement of the witness B;

1. Protocol of examination of the witness B outside the trial date on the witness B;

1. Statement made by the prosecutor and the police concerning B;

1. A statement made to the defendant in B during the police interrogation protocol;

1. A complaint, a confirmation letter, a copy of each contract for the transfer of each right facility, two on-site photographs, all certificates (G buildings), a copy of the lease contract, a copy of each letter, and a criminal investigation report (J.).