The Defendant drafted a written contract with the victim C to sell the victim and D Co., Ltd. for KRW 2.350 million to F buyer for KRW 2.50 million. However, the said written contract was a so-called “UP contract” added by KRW 250 million to the actual purchase price, and thus, the said money would have been deposited into the said company’s account and would have been returned again, in collusion with G, with G knowing that the said money would have been returned to the said company’s account.

On May 9, 2011, the Defendant made a false statement to the effect that, at around May 4, 2011, the Defendant would make the victim create tax data that he/she used as the interior of the bankbook in the name of the head of the Tong, password, seal, and OPT security card of a corporate bank account opened in the name of the Defendant on May 4, 201 under the name of the Defendant, and that, even if transferred to the above account, he/she could not account transfer or withdraw from the account even if he/she wired to the above account, and that, if he/she transfers the amount of KRW 250 million transferred to the passbook in the name of the head of the Tong within the name of the company, he/she would have the victim less taxes.”

However, if money is deposited in the above account rather than the victim's intent to create tax data, the defendant was thought that he could be immediately deducted from the telephone transfer.

The Defendant, by deceiving the victim, caused the victim to transfer KRW 250 million from the national bank account in the name of the Defendant to the above corporate bank account in the name of the Defendant, and immediately transferred the amount of KRW 250 million to the Defendant’s corporate bank account in the name of the Defendant’s wife J to the Agricultural Bank account in the name of the Defendant’s wife.

Summary of Evidence

1. A witness C or L legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including theC's statement);

1. Statement of the police statement regarding C;

1. Details of text messages;

1. Recording records;

1. Application of investigation reports (attached data on the provision of new financial transaction information) Acts and subordinate statutes;

1. Relevant Article 347(1) and Article 30 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;