1. The Defendant, from December 11, 2009, was a person who established and operated the said company (State)C with B from around December 1, 2009, and the victim B is a person who invested 250 million won in the said company around December 12, 2009.

On September 2010, the Defendant had a debate to additionally invest four persons, including the Defendant and the victim, in addition to the amount of KRW 75 million, while discussing the shortage of operating funds of the Defendant, at the office of the (main) branch of the Sink-si in Seocho-si, Man-si. However, the victim was unable to pay the amount of hot money because it is difficult to obtain economic burden and conviction in the management of the company.

On September 20, 2010, the Defendant called the victim and urged the victim to pay the money to the victim “I have not yet paid all other persons.” However, at the time of fact, the Defendant and other people except the victim did not make additional investments.

Nevertheless, the Defendant, as seen above, by deceiving the victim, received KRW 75 million from the victim, to the legal account of ( State) C, namely, from the victim.

2. Around December 2011, the Defendant’s personal loan fraud called to the victim and called “the company closed its door because it is difficult for it to make sure that the company is responsible for paying KRW 350,000,000. At present, the Defendant completed the construction site of the Incheon SK and completed some of the money within 2-3 months to prepare for the shortage of funds, and would repay the investment money by disposing of real estate under his/her name.”

However, there was no particular construction site that could receive money at the time of fact, and there was no intention or ability to pay money even if the money was received from the victim because the real estate in the name of the defendant was not owned.

Nevertheless, the Defendant, by deceiving the victim, constitutes “the completion of construction at the Incheon SK construction site” on December 26, 201.