On November 23, 2016, the Defendant means that the Defendant is the F Chairperson to the victim E at the non-interste shop in Gyeyang-si, Yangsan-si. “If the regional housing association project of this case is carried out, G members may be mobilized, so there is no problem in the selection of a reserve member, and if the land is purchased, the selection of a construction project will also proceed without a problem.

The operating capital of the partnership shall proceed with the business and offer shares of the partnership.

“.....”

However, the Defendant did not have a special profit source at the time and was expected to use the funds for personal debt repayment, not for partnership operation funds, even if the Defendant received funds from the injured party, and thus, the Defendant did not have the intent or ability to use the funds for partnership operation funds even if he received funds from the injured party. Although there was a situation where considerable funds were needed for the purchase price of land, the Defendant did not have a financial ability, but there was no guarantee that the selection of the contractor or the selection of the reserve union members would not be done without any interruption. Therefore, there was no intention or ability to reduce

Nevertheless, the Defendant was issued KRW 45 million on the 28th day of the same month by delivery of KRW 10 million in cash, KRW 5 million in checks, and KRW 30 million in total through I, who is an employee of the victim, at the seat, from the victim.

2. Determination

A. In the facts charged in the instant case, the content that the Defendant deceivings the complainant is to be used as the fund for partnership operation.

In other words, deceiving the purpose of use and ② the defendant does not have sufficient means to cover necessary funds, such as land purchase funds.