[Basic Facts] When the Defendant, who is running a real estate investment company C (hereinafter “instant company”) and the Defendant, transferred the investment money to the instant company by inviting investors, the instant company agreed to pay the amount to the Defendant. Accordingly, the Defendant had performed its normal investment business under the agreement with D, such as depositing the money from the investors, including the victim E, into the account in the name of the instant company.

However, on June 14, 2011, the development project of the F apartment in Busan Dong-gu, which was promoted by the instant company, was rejected by the Dong-gu Office of Dong-gu, and due to this, the Defendant was demanded to return the money from the family members of G, H and the Defendant, the former investor, G, and the Defendant’s creditor.

【Criminal Facts】

On August 2, 2011, the Defendant stated that “The victim, who is an employee of the same office, will use additional KRW 100 million for the Busan FF business, and will receive the benefit therefrom,” at the office of the Defendant located in Seoan-gu, Seoan-gu, Seocheon-gu, Seoan-gu.”

However, in fact, when the defendant receives KRW 10 million from the victim, he remitted the amount of KRW 20 million to J, which is the father of the defendant, and delivered KRW 4.7 million to K, and returned the amount of KRW 10 million to G, which is the investor, to the investor, and returned the amount of KRW 30 million to H.

Nevertheless, on August 2, 2011, the victim, who was unaware of the fact, transferred 90 million won to the account under the name of the defendant, after falling under the end of the defendant's false statement, and transferred 10 million won additionally around August 3, 2011.

Accordingly, the defendant, by deceiving the victim, received a total of KRW 100 million from money, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and D;

1. A criminal investigation report (H and telephone call), and a criminal investigation report (Attachment to a tea card);

1. Responses;

1. A statement of account transactions and details of passbook transactions;

1. A copy of a loan certificate under the Acts and subordinate statutes.