1. Fraud against the victim C;

가. 피고인은 2011. 10. 1.경 서울 강남구 D 지하 1층에 있는 피고인 운영의 ‘E’ 칵테일 바에서 피해자 C에게 “내가 위 가게를 F으로부터 인수하면서 권리금 1억원과 보증금 3,000만원을 2년간 분할하여 지급하기로 했다. 3,400만원을 투자하면 권리금 및 보증금을 분납하는데 사용하고 나머지 권리금 및 보증금은 가게를 동업으로 운영하면서 발생하는 수익으로 지급한 다음 가게를 인수하면 지분 25%를 주겠다”라고 거짓말을 하였다.

However, in fact, the defendant was scheduled to use for gambling even if he received investment money from the victim, and there was no intention or ability to receive the premium and earnings by paying them first notified to the victim.

Nevertheless, the Defendant, as above, by deceiving the victim as above, obtained the victim the total sum of KRW 34,953,400 on October 25, 201, KRW 200,000 on October 27, 2011, KRW 3,251,700 on April 20, 201, and KRW 34,953,40 on April 23, 201.

B. On March 7, 2013, the Defendant made a false statement that “G borrowed money to the victim” by phoneing the victim at the above store.

However, as G borrowed money, the Defendant received money from the victim and planned to use it for his own gambling fund, and there was no intention or ability to repay the borrowed money due to excessive debt at the time.

As above, the Defendant, by deceiving the victim, received 3 million won from the victim as the borrowed money on the same day and acquired it by fraud.

C. On March 8, 2013, the Defendant made a false statement to the victim, stating that “The Defendant must send KRW 2 million out of the premium and deposit in F to the account directed by F”.

However, the defendant has received money from the victim.