[2] Around August 26, 2011, the Defendant, at the victim F’s office located in Yongsan-gu Seoul Metropolitan Government 17 dong 17 dong 3, ordered G to make a false statement to the effect that he/she would supply the victim with a Samsung electronic CD monitor if he/she had 30 million won a week.

However, the Defendant did not have any intent or ability to deliver the L CD monitors even if he received money from the injured party, such as having a normal ability to trade the L CD monitors and seeking a security to receive the said monitors.

Nevertheless, the Defendant deceivings the victim as above and transferred KRW 30 million to the H account (A new bank I) operated by the Defendant from the victim.

Accordingly, the defendant was given property by deceiving the victim.

2. In light of the following facts: (a) the Defendant: (b) was the person who was referred to G in the ordinary sense to the purport that he could seek a collateral to be offered to G to J as a monitoring supplier; (c) the Defendant was first introduced the collateral to be offered to J in order to receive the goods from J through G; and (d) the said K was registered as a director of the K Co., Ltd. L Co., Ltd. (hereinafter “H”) (hereinafter “the investigation record is 60 pages; (d) the witness K’s legal statement), at the time the Defendant received a request from K for the immediately transfer of KRW 30 million (hereinafter “the instant money”) from H to H’s account; and (c) at the time of receiving the request from K, K was the possibility that the said money was related to the acquisition of the real estate to be offered to J (hereinafter “the instant real estate”).

However, the records may be considered and known in full.