1. On February 20, 2009, the Defendant sent a telephone to the Jung-gu Erchitectural Office in Seoul, Jung-gu, Seoul, where the victim D, who is a middle and high school, was working for the victim D, to the end of the middle and high school, and made a false statement that “300 million won is going to run, and 300 million won is going to go to the public at the construction site of the large F F F F F F F F construction site, and a large amount of money is possible within 2 to 3 years, the principal can be recovered by the end of December, the principal can be recovered by the end of December, and the profits generated from the operation of the restaurant in accordance with the management right of the restaurant will be invested in the remainder of money of KRW 100 million, and it is necessary to comply with the management right of the restaurant, and send KRW 3 million to the victim.”

However, at the time, the Defendant was thought to use the funds necessary for the acquisition of the right to operate the restaurant at the F Construction site by the victim for personal use, such as paying the card price, and there was no thought to use the right to operate the restaurant at all, and there was no property marbity, and there was no ability to invest KRW 100 million. Even if the right to operate the restaurant was acquired, there was no intention to provide half of the profits from the restaurant to the victim.

Nevertheless, the defendant deceivings the victim as such and acquired the right to operate the cafeteria in the F Construction Site on the same day from the victim, by remitting 3 million won to the fisheries cooperation account in the name of the defendant's wife as part of funds necessary for acquiring the right to operate the cafeteria on the same day.

2. Around March 13, 2009, the Defendant: (a) made a false statement to the victim that “Around March 13, 2009, the victim was entitled to the right to operate a brin restaurant at the F Construction Site; (b) 100 million won of the down payment is required; and (c) one half of the profits generated from the operation of the brine restaurant.”

However, at the time of the fact, the defendant did not have the right to operate the cafeteria at the F Construction Site, and even if he had the right to operate the cafeteria.