The Defendant became aware of the victim C as soon as possible in a clear Section in the Yangju-gun of Gyeonggi-do and that the said victim sustained a loss equivalent to KRW 600 million in the course of stock trading.

On January 31, 2013, the Defendant made a false call to the victim, stating that “When investing KRW 150 million in stocks on KOSDAQ, KRW 300 million will be paid from August 26, 2013 to September 12, 2013, and even if losses are incurred, the Defendant would compensate for the entire amount of compensation.”

However, even if the Defendant received the above money from the injured party, he was thought to use it for personal debt repayment, not for stock investment, and there was no intention or ability to pay KRW 300 million until September 12, 2013 to a person with no property and with credit status of class 9 or below.

Ultimately, the Defendant deceivings the victim as above and transferred KRW 150,000 to a new financial investment account under the Defendant’s name around February 1, 2013.

On August 26, 2013, the Defendant made a false statement that “The Defendant would lend 20,000 won to the victim and make profits therefrom, and shall repay 30,000 won to the victim by November 30, 2013.”

However, the Defendant had no particular profits at the time, and there was no intention or ability to change the profits within three months, even if he/she borrowed money from the damaged party because he/she did not make an investment in stocks.

As such, the Defendant, by deceiving the victim as such, received 20,000,000 won in total, including the amount of KRW 4,100,000,000 on August 26, 2013 and the amount of KRW 27,10,000 on August 27, 2013 under the name of the Defendant for the purpose of borrowing from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the protocol concerning the interrogation of the accused by the prosecution;