around November 2012, the Defendant, at the D office of the second floor of the building in Gangnam-gu Seoul Metropolitan Government, decided to participate in the building construction in a consortium form with the victim E and F.

In order to be a government-level public official, the amount should be paid to the public official, and it is necessary to lend it to the extent of KRW 100 million. When a contract is concluded, a large amount of profit will accrue and the principal will be repaid until January 31, 2013 and the additional 100% profit will be paid.

“.....”

However, the defendant did not know whether it is necessary to pay the cost of the public official in the absence of a conclusive contract with regard to the above construction work, and even if the defendant borrowed the money from the victims for the use of the cost as above, he thought that most of them would be used to pay the money to the existing customer or to pay the debt, living expenses, etc., and even if the money to be paid to the existing customer remains, there was no intention or ability to pay not only the principal of the victims but also the amount of the money to be paid to the existing customer.

Nevertheless, as seen earlier, the Defendant, by deceiving the victims, received KRW 30 million from the victim F on November 16, 2012 from the victim F, and transferred KRW 50 million on November 20, 2012 from the victim E to the corporate bank account in the name of the Defendant respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each prosecutor's office and police officers against the accused;

1. Statement made by the police for E;

1. A complaint;

1. Certificate of confirmation of transfer, each fund investment contract, and each loan certificate;

1. Application of Acts and subordinate statutes to data on response to corporate banks, replys on request for business cooperation and copies of summary orders attached thereto;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. Reasons for sentencing in Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the sentencing criteria].