Since the Parties concerned are well aware of the G, a real estate consulting contract was concluded with the content of purchasing the said G shares by falsely concluding that the said G shares will be purchased at a good price on the face of KRW 120,000,000 as a down payment and incidental expenses.

However, in fact, the Defendant did not have a specific consulting plan because he did not confirm the intention of selling the G in advance, and was thought to use the said amount for personal purposes, such as hotel operating expenses, rents, and public charges, due to insufficient operating expenses of the “H hotel” located in the Chungcheongnam-gun, Geumsan-gun, which was operated by the Defendant at the time. Therefore, even if receiving money from the injured party, the Defendant did not have any intention or ability to perform consulting business related

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained the transfer of KRW 10 million on March 29, 2016; (c) KRW 10 million on April 5, 2016; and (d) obtained KRW 120 million on April 15, 2016 from the victim to the J bank account (K) in the name of the victim; and (b) obtained the transfer of KRW 120 million on the part of the victim.

2. Determination

A. The summary of the defendant and his defense counsel's assertion is that the defendant and the defendant did not properly prepare the down payment, etc. for the purchase of shares in the G of this case, and the purchase of shares was no longer made, and there is a criminal intent to deceive the victim or to

It is difficult to see it.

B. In light of the fact that the defendant received KRW 120 million from the injured party and used most of the above money for personal purposes, and the victim did not receive all the above money from the accused, there is a doubt that the defendant would not take money by deceiving the injured party.

However, the recognition of conviction in a criminal trial has been made by a judge.