The defendant is the representative director and the largest shareholder of E company.

As of June 30, 201, the above company's capital is KRW 1,515,00,000,000, or as of June 30, 201, cash assets is limited to KRW 1,578,852, and short-term loans to the defendant exceed its capital amount, and there was no particular profit-making business.

On January 1, 2012, the Defendant stated that “E invests KRW 150 million as the design drawings and land prices are insufficient to construct hotel, casino, and golf cooking in the islands in the North Marinian Islands, the Defendant said that “E will pay KRW 150 million from April 2012 to KRW 15 million as the last day of each month, and will offer shares.”

However, in fact, the Defendant had no intention or ability to pay the victim the profit of KRW 20 million from KRW 15 million per month to the victim within a short period of time, since the use contract was terminated by the authority of the Northern Marian system on June 8, 2010.

Nevertheless, the Defendant, as above, obtained money from the victim to the bank account in the name of the Defendant on January 26, 2012 and acquired money from the victim.

Summary of Evidence

1. Legal statement of witness F;

1. The police statement concerning G;

1. Investigation reports (report accompanied by the E-Audit Report, etc.);

1. U.S. land state documents;

1. Application of Acts and subordinate statutes on deposits without passbook;

1. Determination as to the assertion of the defendant and his/her defense counsel under relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts

1. The Defendant and his defense counsel asserted that the Defendant and the E-stock company operated by the Defendant (hereinafter “instant company”) are actually carrying out construction projects, such as cooking islands, from the time of receiving investment from the victim to the present time (hereinafter “instant business”). The Defendant shares in the instant company.