Defendant

B around February 13, 2012, at the (ju) E office located in the 7th floor of the Gangnam-gu Seoul Metropolitan Government FF building, the Defendant made a false statement to the victim G stating that “I will pay 130% interest every month by making an investment in the (Na) E, to be made within a short period, and to pay 240,000 won every day if an investment is made in the amount of KRW 14 million.” The Defendant A made a false statement to the victim “I will be exempted from making an deposit to the account in the name of H, which is the internal wife.”

However, the (State)E was operated in the form of re-payment of the money received from investors to other investors, and it did not have any special business for making profits. The Defendants did not receive any profits from the money invested in the said company, and thus, the Defendants did not have any intent or ability to make profits even if they received any investment from the victims.

Nevertheless, the Defendants deceiving the victim as above and received KRW 14 million from the victim to the Agricultural Cooperative (I) account in the name of Defendant A, the wife of Defendant A on the same day.

As a result, the Defendants conspired to receive the property of the victim.

2. Determination

A. The Defendants asserted that Defendant B was an investor of E and did not recommend investment to G, and that there was no fact that G did not bring about the deposited investment amount, and that Defendant A received G money from his own account according to the direction of J by the representative director. However, Defendant B did not agree with Defendant B.

B. The facts charged of this case are composed of the following structures:

Defendant

The defendant A recognizes the deception of the defendant B with respect to the investment return of B, and provides the deposit account.