Around 15:00 on January 30, 2012, the Defendant concluded a sales contract under the name of G operated by the Defendant for the purchase of the entire land and two lots of land owned jointly by D and E (hereinafter “instant real estate”) from the office of the certified judicial scrivener office located in the Nam-gu Incheon Metropolitan City, Seoul (hereinafter “B building”) around 303:0,000, and paid on March 15, 2012 the remainder of the purchase amount to KRW 3.5 billion, and the remainder of the remainder to KRW 3.35 billion, and a part of the remainder to KRW 3.35 billion, the remainder of the remainder to KRW 2.6 billion, by taking over the debt under the name of the C Bank in the name of the maximum debt amount set forth on the instant real estate (as KRW 1.00 million) to be paid on March 15, 2012.

At the above time, the Defendant, a victim H and his agent, proposed removal work for the entirety of the above ground buildings (hereinafter “the above ground buildings”) consisting of the steel beam structure, “(hereinafter “the above ground buildings”) from the removal of the above ground buildings. There is a scrap metal from the removal of the above ground buildings, and if the purchase and sale of the above scrap metal would bring about KRW 7 to 80 million, the removal work of the above ground buildings would be conducted. The right to collateral security established on the instant real estate would be resolved with the establishment fund of small and medium enterprise establishment. The right to collateral security established on the instant real estate would be resolved within 3 days after the registration of ownership transfer of the above ground buildings.”

However, in fact, the Defendant did not have any specific property to the extent that it could not settle the balance of the instant real estate, and there was no G itself’s assets, such as having attempted to invest in the said G with the intent to operate the said G, but no assets were accrued, and there was no possibility of receiving such funds due to the lack of funds for the establishment of a small and medium enterprise. Therefore, even if the Defendant received money from the victim, the Defendant did not perform the removal work of the instant ground building