On April 2009, the Defendant corrected part of the facts charged ex officio. The Defendant falsely stated that “The Defendant was making a large amount of money as an investment specialist and made an investment to B while investing in the surrounding people.” In addition, 200 million won is to guarantee the principal and to pay one million won per month if it is additionally invested.”

However, in fact, even if the Defendant had been able to pay the principal amount by investing the money received as investment funds from the victim prior to the time in the stocks, options, etc., it is not clear whether the Defendant would be able to receive the additional investment funds from the victim and make an investment in the stocks, options, etc., even if it is possible to make a profit. Of the investment funds received from the victim, some of the investment funds would have been used for personal purposes such as living expenses, etc., and there was no intention or ability to pay the principal amount and the profit to the victim.

As such, the Defendant, by deceiving the victim, received 2 million won from the victim who was under his control as early April 2009, and received 2 million won as investment money, including the remittance of 98 million won to the account in the name of each Defendant on April 7, 2009, and April 8, 2009, including the remittance of 100 million won to the account in the name of each Defendant on April 8, 2009.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the prosecutor's protocol of interrogation of the defendant as C in the prosecutor's office

1. Investigation report (verification as to whether a suspect has voluntarily used invested money);

1. Application of the Acts and subordinate statutes of Part 9 to the details of transactions in each account, six copies of investment contract, and nine copies of account transactions;

1. The following circumstances, which are acknowledged by the relevant legal provisions and Article 347(1) of the Criminal Act regarding criminal facts and the evidence duly adopted and examined by the court, are the defendant.