The defendant, as the representative director of D with the 3th floor of Daegu-gu Cbuilding, has promoted the project to build officetels and urban residential housing in Daegu-gu E Institute, the defendant was unable to obtain a loan equivalent to 4.4 billion won from the foreign exchange bank as collateral and failed to repay the loan due to the lack of funds to conduct the project due to an application for auction at the foreign exchange bank as of October 17, 201, and there was no intention or ability to grant the right to sell the contract deposit to others even if the defendant received the contract deposit from others, due to the lack of funds to conduct auction at the foreign exchange bank as of October 17, 201.

Nevertheless, on January 9, 2012, the Defendant: (a) concealed the aforementioned facts from the said D office to the victim F; (b) concluded a sales agency contract with the victim on the same day on the same day; (c) received KRW 50 million from January 11, 2012 to the foreign exchange bank account in the name of D; and (d) remitted KRW 20 million to the said account on the 12th of the same month; (c) received KRW 18 million from the said account on the 19th of the same month; (d) received KRW 18 million from the said account on the 19th of the same month; and (e) received KRW 18 million from the said account on the 30th of the same month; and (e) received KRW 50 million from the said account on the 30th of the same month; and (e) remitted KRW 18 million to the said account on the 19th of the same month; and (e) remitted KRW 1800,000,00.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. An interrogation protocol of the accused by the prosecution (including the F statement section);

1. The police statement of H;

1. A written confirmation, a sales agency contract, a written agreement, a remittance receipt, or a joint investment contract;

1. A certified transcript of D corporate register;

1. An application for deliberation on building, notification of the result of holding a building committee, confirmation of civil petition, extension of the date of supplementation according to an application for building permission and notification of return thereof, and an appraisal report;

1. Investigation report and building permit; and