"2016 Highest 2697"

1. Fraud;

A. A. Around February 2014, when the Defendant came to know that the establishment of D will be carried out in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-gu, 2014, the Defendant suggested to the effect that, as if he had the right to operate the cafeteria, the Defendant was aware of the fact that he would be carried out, he would receive money for the transfer of the right to operate the cafeteria from a person who intends to acquire it, and that, as he knew of the right to operate the cafeteria, there was a person who intends to take over the cafeteria, and that, as he was F, he would do so as to be the head of the construction site at the above site, and would pay the price for the entrusted operation of the contract. E conspired to commit a mutual crime by accepting it.

On February 2, 2014, the Defendant made a proposal to the effect that “When he knows that he has a right to operate a restaurant, he knows that he has a right to operate the restaurant in the front of the D Construction Site located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and that “I will accept and see the right to operate the restaurant, because he knows the persons related to the D Construction Site,” and “I will prepare the consignment operation contract while I will perform the work as the head of the said Construction Site as if he is the head of the said Construction Site.”

However, the above site had G around April 2010, and the defendant did not have any right to it, and the E does not have any relation to the above construction site. Therefore, even if the defendant entered into a contract with the victim, he did not have any intention or ability to transfer the right to operate the brin restaurant properly.

Nevertheless, the defendant, in collusion with E, deceivings the victim as above, and he received 80 million won from the victim as the contract deposit for the entrusted operation contract.

B. On April 2014, the defrauded of the Victim H came to know that it would be scheduled to proceed with urban development work in Yong-nam Cancer I, and the Defendant is a restaurant.