The defendant thought that the victim B was invested in C by the introduction of the defendant in return for using money for business expenses, etc. from the victim.

On July 2015, the Defendant made a false statement to the victim B by telephone at a place of early police officers, stating that “If the Defendant prepares additional money for design and construction cost in connection with the currently in progress C, he will promptly proceed with the construction and create profits by using it as the construction cost, etc. as soon as possible.”

However, in fact, the defendant did not intend to pay the design cost and construction cost because he/she thought that he/she will receive money from the victim and use it for other purposes.

Nevertheless, on July 8, 2015, the Defendant, by deceiving the victim and deceiving it from the victim, remitted KRW 35 million to the D bank account under the name of the Defendant to the D bank account in the name of the Defendant, such as the cost of construction for electric power resource business.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B and E in part;

1. Statement of the defendant in part of the interrogation protocol of the second prosecutor's office against the defendant (including part of comparison to B);

1. Partial statements of each police interrogation protocol against the accused;

1. Details of the entry into and withdrawal from the F Bank;

1. Although the defendant and his defense counsel received KRW 35 million as a relationship with the victim as stated in the judgment, it is reasonable to view that the defendant had an implied permission to use the victim as money or for living expenses, and that the defendant would have been used as money or for living expenses.

The following circumstances acknowledged by the evidence duly adopted by this Court, and ① the Defendant’s phone call from G and H (private individual) who is a C implementer at the prosecution.