1. The summary of the facts charged is that the Defendant, who operates “F” on the fourth floor of the building in Busan Dong-gu, Busan, and since 2004, sold the total market value of KRW 10 billion by 70,000,000, such as consideration and inequality possessed by the Defendant to the victim G.

On November 17, 2005, the Defendant borrowed KRW 800 million from the victim’s house located in H in Busan District of the captain of the case to the effect that “If the Defendant borrowed KRW 800 million as it is necessary to purchase the 15th century interest in China, the Defendant would deposit it as security, and if the Defendant fails to repay it by February 16, 2006, it would transfer the ownership of the above 3rd party to the victim’s house.” The Defendant received KRW 80 million from the victim’s house, and offered the said 3rd party to the victim as security.

However, until February 16, 2006, the Defendant failed to repay the borrowed amount of KRW 800 million, and as a result, the ownership of the above three points belongs to the victim.

Around April 21, 2006, the Defendant made a false statement to the effect that “F would sell the Dognets to the victim and repay the KRW 1 billion upon returning the said Dognets to the victim.”

However, in fact, even if the defendant was delivered by the victim, he sold it to the victim and did not have the intent or ability to repay one billion won to the victim, and the defendant was plans to provide it as security to the J operating I Co., Ltd. and to borrow KRW 1.8 billion from J.

On April 21, 2006, the Defendant, by deceiving the victim as above, received from the victim the amount equivalent to KRW 1 billion at the market price of KRW 1 billion at the first place of Cheongju Electronic Co., Ltd. and KRW 350,000,000 at KRW 1,000,000 from the victim.

2. Determination

A. Article 3(1)2 of the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (amended by Act No. 11304, Feb. 10, 2012) and Article 347(1) of the Criminal Act.