[2014 Highest 322] On December 19, 2008, the Defendant made a false statement to the victim C (n, 44 years of age) operating a restaurant at the office of a certified judicial scrivener in the vicinity of the city of Ansan-si as a substitute for the construction cost from the 11, 28, 238, and 239, the owner of the right to sell the Dtel in Daegu-si, the 8th, the 22th and the second floor of the 239th and 239. The Defendant held the right to sell in lots, which is a large interest. The right to sell in lots and the right to sell in lots are to exchange the F restaurant in the Ma-si, the ownership of the party.”

However, the defendant did not have any intention or ability to transfer the right to sell the officetel to the victim because the defendant did not have received the right to sell the officetel as payment for the work.

The Defendant received a transfer of the F cafeteria from the victim according to an exchange contract concluded by the Defendant, which assessed the value of the F cafeteria in Gunposi E as KRW 51,5830,000 (including lease deposit KRW 200,000,000,000 and KRW 300,000,000,000).

Accordingly, the defendant, by deceiving the victim, acquired property benefits equivalent to the above amount.

[2014Kadan830] On April 2009, the Defendant made a false statement to the victim I that “it is necessary to carry out construction works in order to construct an officetel in the Daegu Northern-gu, Daegu-gu, the cost of construction works.” On the one hand, the Defendant would pay off the borrowed amount of the borrowed amount.”

However, the above construction site was already interrupted around August 2006, and there was little possibility to resume the construction. In addition, there was no right for the defendant to receive the construction cost and dispose of it. The defendant thought that the defendant would have borrowed the above money from the victim for the cost of living, such as medical expenses.

In other words, the defendant is paid in cash from the victim, i.e., 16.5 million won.