A. On October 8, 2010, the Plaintiff purchased 4,109 square meters, and 11 lots from the Defendant, who worked as a broker assistant of the C brokerage office, for the following reasons: (a) concluded a sales contract with the Defendant who opened the access road and registered the said land in installments; and (b) concluded a sales contract with the Defendant, who purchased 125,00,000 square meters of 2403 square meters and 826 square meters of 1501 square meters (hereinafter “instant land”) from the date of the contract and the remainder on April 30, 2011, the Plaintiff agreed to pay the down payment of 10,000,000 won on the date of the contract, and the remainder on the date of the contract.

B. On October 22, 2010, the Defendant concluded a sales contract on the E and 11 parcels in Chuncheon City between D and D, but D rescinded the said sales contract on January 20, 201 on the ground that the Defendant’s intermediate payment was not paid.

C. Although the Defendant did not have the intent or ability to prepare the cost of purchasing the above land owned by D or the cost of installing the access road, the Defendant made the above false statement to the Plaintiff, and received KRW 10,000,000 from the Plaintiff as the down payment on the day of the instant sales contract, and on October 20, 2010, the Defendant’s false statement that “the Plaintiff would be demanded to pay part of the intermediate payment first to the Plaintiff on October 20, 2010.” Accordingly, the Defendant was suspected of having received an additional payment of KRW 30,00,000 from the Plaintiff for the cost of installing the access road, and acquired KRW 40,000 in total from the Plaintiff for the cost of acquiring KRW 40,00,00,000, which was charged by the said court on April 26, 2012, and was sentenced to imprisonment for the above fraud by the said court, which became final and conclusive on August 18, 2012.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 6 (including each number of branches), and the whole pleadings.