Defendant shall be punished by imprisonment for a term of one year and six months.

The defendant shall obtain money from the applicant for compensation 20 million won.

Punishment of the crime

The Defendant leased and operated the F from D to KRW 30 million, monthly rent of KRW 15 million, and the term of lease from November 1, 2010 to October 31, 2013.

From the above F around November 18, 2013, the Defendant stated, “F” to the victim C, “A purchase F from D. It is worth KRW 300 million with the lease deposit, and 1.2 billion with the test cost and equipment cost. D is needed a down payment of KRW 1 billion. It is possible to borrow any balance from a new bank located in Masan only if the down payment is run down payment. If an investment of KRW 1 billion is made, 40% of the shares will be paid at the time of F purchase.” On November 21, 2013, the Defendant said that “D and a negotiated contract may be made. The bid contract amount necessary for a free contract is required to deposit KRW 300 million with the down payment first.”

However, the Defendant had no security deposit to receive 300 million won from D due to the unpaid rent, collection of claims, etc., and there was no asset owned by the Defendant with respect to the above rest area, such as that the Defendant had no other property in the state of being reported by the enemy due to the operation of the given rest area. At the time, the Defendant had the intention to use the said 300 million won first due to the repayment of personal debts, operating expenses of the rest area, and there was no liability for preparing any balance. Even if the Defendant received 300 million won from the victim, he did not have the intent or ability to purchase the down payment and the rest area.

Around November 21, 2013, the Defendant, by deceiving the victim as such, received 300 million won from a new bank account (H) in the name of G Co., Ltd. as the down payment necessary to purchase the rest area.

Summary of Evidence

1. Each legal statement of the witness C and I;

1. C among the prosecutor's office and police interrogation protocol against the defendant.