[2012 Highest 6275]

1. The Defendant told C to the effect that “The Defendant collected persons who wish to engage in the telimian funeral to set up and engage in funeral services for the period of female X-ray prior to the Empik-do ( May 12, 2012 - August 12, 2012), and changed the amount of KRW 3 million from those who want to engage in funeral services as one security deposit.”

However, the defendant did not have any intention or ability to allow the defendant to engage in funeral services in his/her summerdo even if he/she was given KRW 3 million per each time as a funeral deposit.

2. Around May 9, 2012, the Defendant against the victim D made a false statement to the effect that “The Defendant would allow the victim D to perform the funeral services in the instant case during a dry X-gu period” through C at the coffee shop located in the Seo-gu, Seo-gu, Gwangju, Seo-gu, Seoul. On the other hand, the Defendant changed the amount of KRW 3 million as security deposit.”

However, the defendant did not have the intention or ability to force funeral even if he received the funeral deposit from the victim as described in paragraph (1).

Around May 10, 2012, the Defendant, by deceiving the victim, received 3 million won from the victim to the Agricultural Cooperative (F) account in the name of the Defendant’s wife E as a deposit deposit, and continued to receive KRW 2 million from the said account as a deposit on May 11, 2012.

3. Around May 3, 2012, the Defendant made a false statement to the effect that “Around May 3, 2012, the defrauded G management I would allow the victim G to engage in the funeral services in the instant case during a dry X-gu period. Instead, the Defendant changed the amount of KRW 3 million as security deposit.”

However, the defendant did not have the intention or ability to force funeral even if he received the funeral deposit from the victim as described in paragraph (1).

As such, the Defendant deceivings the victim, and up to three million won from the victim on May 18, 2012, under the name of a deposit, the account specified in paragraph (2).