On January 28, 2010, the Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud at the Seoul Eastern District Court, and the judgment was finalized on February 5, 2010.

On August 18, 2008, the Defendant concluded a joint investment agreement with the victim F, the representative of E Co., Ltd. at the office of the 1st floor E company of the building in Sungnam-si, Sungnam-si, stating, “Indonesia, a local corporation is legally lawful for the development of mines, has no restrictions on normal business and operation, and has exclusive priority for the development of smoked coal. First of all, the Defendant borrowed KRW 100 million as the fund for closeing for the development of smoked coal mines is required, and then borrowed money and borrowed money to pay the money by September 10, 2008.”

However, in fact, the permitted type of business of the legal entity established by the defendant in Indonesia is limited to the export of mineral products, so it could not own the mining right directly, and there was no legal and normal situation from the Minister of Indonesian Law to approve the sub-business of the general mining sector.

In addition, even if the above loan was received, there was no intention or ability to repay the loan even if it was borrowed from the victim because it was planned to use the defendant's personal debt repayment, and there was no other place to prepare the investment money.

The Defendant received KRW 100 million from the victim to the one bank account in the name of the Defendant on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Part of the protocol concerning the examination of suspect against the defendant (including the cross-examination)

1. Agreements on joint ventures;

1. A certificate of borrowing;

1. Written opinion of the defense counsel (18 pages of investigation records);

1. Previous convictions in judgment: Application of investigation reports (reports on binding written judgments) and criminal records-related Acts and subordinate statutes;

1. Criminal facts;