However, in fact, the name of the above-sharing Gato lottery tickets and sports earth sales operation rights has been registered in the name of G, a well-known mother of the defendant, and in order to continue to sell the Sharing Gato lottery tickets and sports discussions, G has gone through a re-contract procedure, such as completing a certain education every year, but the defendant has not been promised to continuously guarantee the above sales operation rights from G, and there has been no thought that the above sales operation profits that the defendant would have been divided into G, and even if the defendant transferred the above Mato to the victim, he did not have the intention or ability to continuously guarantee the right to continuously sell the lottery tickets and sports earth sales.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) decided to transfer the Mart to the victim the right to share the same; (c) KRW 135 million, including the right to operate lottery tickets and the right to operate sports soil sales; and (d) transferred KRW 126 million to the account in the name of H, the mother of the Defendant, around December 24, 2012; and (c) received KRW 8.4 million in cash and received KRW 135 million from the Defendant to the account in the name of H, the mother of the Defendant; and (d) received KRW 8.4 million in cash on the same day.

2. The summary of the instant public prosecution is that the Defendant, while transferring the instant marina to the victim, acquired the money equivalent to the transfer price of the instant case by deceiving the Defendant as if he did not have an intent or ability to continuously guarantee the right to manage lottery tickets and sports soil sales.

Comprehensively taking into account the evidence duly adopted and examined.