Around March 2010, the Defendant was an employee working in G Co., Ltd., and the Defendant incurred a loss through stock investment, and the Defendant borrowed money to repay debts to other creditors. Thus, even if the Defendant borrowed money from the victim H, the Defendant was unable to do so, he/she may easily access the confidential information available to his/her employees and make profits if he/she directly uses the information, and he/she is able to pay high profits if he/she operates the funds. Since the amount of the funds in operation is so high that there is a large amount of bonus received from the company, even if he/she does not generate profits from the operation of the funds, he/she may pay a large amount of profits only on a bonus, by stating that the Defendant would pay fixed profits of 10% per month and redeem the principal six months later, and that he/she received 10 million won from the victim’s deposit account at the National Bank of Korea on March 22, 2010 to the Defendant’s deposit account on March 22, 2010.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Examination protocol of the accused by prosecution;

1. Each police interrogation protocol against the accused;

1. Each police statement of H;

1. Details of each account transaction, each e-mail, account transfer certificate, notarial deed, remittance details, deposit details, transfer certificate, the list of individual rehabilitation creditors, letters on investment recommendation, the details of passbooks, text messages, details of transactions, and details of stock transactions

1. Application of Acts and subordinate statutes to the submission of a petition for complaint, additional petition, and corrected matters;

1. Article 347(1) of the Criminal Act applicable to the crime and Article 347(1) of the option of punishment is the primary crime without any criminal record, and a part of the money acquired by deception was returned by the defendant, but the defendant returned from the victim.