The Defendant and the victim C established D Co., Ltd. for the purpose of the mobile communications construction business, etc. by investing 50% of shares in around August 2012, and the Defendant worked as the above company director and the victim as the representative director of the said company.

1. On October 23, 2012, the Defendant stated, “If the Defendant purchased materials from the contractor and provided the 40 million won of the material cost into the contractor to the contractor, then the Defendant would pay 40 million won of the material cost to the contractor, which is later included in the construction cost.”

However, in fact, the Defendant did not have received a request from the K.L.E for the payment of the cost of materials related to the construction as above. Therefore, even if the Defendant received the payment of KRW 40 million from the victim, he was thought to use it individually, and there was no intention or ability to pay it to the K.L.E under the pretext of the material cost.

As above, the Defendant, by deceiving the victim as above, obtained cash of KRW 40 million from the victim as material expenses to be paid to K.L.E., and acquired it by deception.

2. On March 5, 2013, the Defendant stated, at the office of the above company, that “If the Plaintiff operates G in Seoul FF market and the auction proceeds are leased KRW 36 million to the mother and child, he/she may participate in the auction and sell the goods after receiving a successful bid. By June 2013, the profits accrued until June 2013, the Defendant paid the principal and the profits that he/she has repaid shall be invested in the company’s operating fee.”

However, in fact, the Defendant did not have operated G in the F market, and there was no intention to use the borrowed money as the auction proceeds, and there was no intention or ability to invest the proceeds as the fund for the operation of the said company.

The defendant deceivings the victim as above.