Of the facts charged in the instant case, the charge of embezzlement is acquitted.

The defendant was sentenced to two years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes in the Seoul Southern District Court on September 17, 2009, and the judgment became final and conclusive on March 25, 2010, and on May 27, 2010, the Seoul Southern District Court sentenced six months of imprisonment for fraud and became final and conclusive on June 4, 2010.

On December 2, 2007, the Defendant made a false statement to the effect that “The Defendant, even though there was no idea that he will make an investment in the Philippines, he would not be able to make an investment, is in the progress of the fund business in the Philippines. It is possible to make a lot of profits available, making an investment.”

The written indictment contains that although it did not have invested in the Philippines or carried out the business related to the production of the Olympic Games in the Republic of Korea, it was stated that the Republic of Korea could acquire the right to produce the Olympic Games in the Republic of Korea and make a high profit by deceiving the victim. However, according to the overall purport of the statement made by the investigation agency and the court, D appears to have been made after the payment of the investment to the defendant. Thus, it recognized the content of the deception.

As above, the Defendant acquired the money from the victim to the Defendant’s Han Bank Account on January 4, 2008, the sum of KRW 25 million, and KRW 15 million on February 12, 2008, by transfer from the victim to the Defendant’s Han Bank Account on February 12, 2008.

Summary of Evidence

1. Statement made by witnesses D in the fourth trial records;

1. A certificate (12 pages of investigation records);

1. A detailed statement of transactions (in case of a complainant, 25 million won and withdrawn materials), and a detailed statement of transactions (in case of a complainant, 15 million won and withdrawn materials);

1. A specification of transactions (E account) and a specification of transactions (F account);

1. Account information;

1. Copy of H corporate register;

1. Application of Acts and subordinate statutes to a report on investigation (request for dispatch of a written judgment), a copy of the judgment (368 pages, 613 pages of investigation records);

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes