On July 24, 2014, the Defendant stated that “If he/she invests money to expand the size of a private teaching institute, he/she may guarantee the profit of KRW 300-5 million per month, and even if he/she does not have any profit, he/she may pay the principal of KRW 100 million per month.”

However, in fact, the above fish driving school operated by the Defendant was in the state that the rent of the fish driving school was deducted in excess of KRW 100 million due to the delayed payment of the rent from July 201, when the profit was less than the expense at the time. Even if the Defendant received money from the injured party due to lack of economic ability, he did not have the intent or ability to return the monthly profit or the principal of the investment to the injured party.

Nevertheless, on July 24, 2014, the Defendant acquired 70 million won from the victim to the corporate bank account of the above fish farming institute.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F, and part of witness G, legal statement;

1. Cash investment contract, certificate of contents, judgment of the Suwon District Court, inquiry of past details, and detailed statement of transactions by account;

1. Complaint;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of Search Data in the case No. 10215 group of 2015 group of the Suwon District Court Act), an investigation report (Attachment of a suspect A’s business registration certificate), an investigation report (Attachment of a suspect’s account transaction details), an investigation report (Attachment of a suspect’s bank account transaction details), and an investigation report (organization of KRW 70,000,000

1. Determination on the pertinent Article of the Criminal Act, Article 347(1) of the Criminal Act regarding criminal facts, and the Defendant and defense counsel’s assertion

1. The gist of the assertion does not mean that the victim may secure the investment money as a security deposit for a private teaching institute building at the time when the defendant receives the investment money from the damaged party, and the proceeds agreed with the victim shall be paid.