On May 19, 2009, the Defendant made a false statement to the effect that “The Defendant would return KRW 200 million in cash, including the dividend amount of KRW 100 million after three months, to the victim F, when developing, selling, or constructing the instant land by developing three parcels, including both-gun-gun G, Gangwon-do (hereinafter “instant parcels”) located in the south-gu, Cheongju-si.”

However, the Defendant started the civil construction work by lending KRW 500 million from others, and as above, at the time of receiving the investment money, the mortgage-mortgage on the fourth parcel of land of this case, which was created to the victim, had also been likely to be converted into the principal registration by borrowing money from others and making a promise for sale and purchase registration. In addition, the construction cost to be entered exceeds KRW 2 billion, and the intention or ability to return the investment money to the victim in a short period was lacking.

On June 4, 2009, the Defendant, by deceiving the victim as such, received KRW 100 million from the victim to the national bank account under the name of the Defendant on the pretext of investment.

2. In light of the following circumstances acknowledged by the record of judgment, it is difficult to readily conclude that the Defendant had the intent to acquire 100 million won from the victim at the time of investment by the victim, and the evidence submitted by the prosecutor alone is difficult to recognize the fact that the principal reason for the victim’s complaint was that the Defendant deceptions the victim as “to not execute the principal registration in absolute terms.”

In order to newly construct and sell 15 units of multi-family housing (120 units) on the land of this case on or around June 2007, the Defendant, who had worked for a multi-year period in the construction company, established E Co., Ltd. on or around June 2007, approximately KRW 500 million for the project of this case, such as purchase of the site.