The defendant was engaged in attracting investment in D Co., Ltd. for manufacturers such as plastics.

1. On December 17, 2008, the Defendant: (a) around December 17, 2008, introduced the victim FF (n, 71 years of age)’s house located in Gwanak-gu in Seoul Special Metropolitan City E, as if the prospects of the said company were very clearly stated; and (b) stated that “If the Defendant borrowed money to be used as company operating expenses, he/she shall repay the principal by adding 50% interest to the principal only for three months.”

However, the existing investors who had invested in the above company due to the poor business operations of the company at the time requested the return of the investment principal due to the failure to receive the investment principal, and the future prospects of the company were very unclear. Thus, even if the defendant borrowed money from the victim from the beginning, it was thought that it was used for the purpose of return of the investment principal, and there was no intention or ability to repay the principal and interest to the victim as agreed.

Nevertheless, the Defendant received a false statement from the victim as above and received 150 million won from the national bank account in the name of the Defendant under the name of the victim for the same day.

2. On March 30, 2009, the Defendant, at the same place as before and after March 30, 2009, made a false statement to the victim F in the same manner as before, and received an additional remittance of KRW 100 million from the victim to the national bank account in the name of the Defendant on the same day.

Summary of Evidence

1. Entry of the accused in each part of the trial records first and third times;

1. Each police interrogation protocol against the accused (including the F statement section);

1. The police statement concerning F;

1. Promissory notes, notes, and notes of guarantee of principal;

1. Application of a contract for trading stocks as an agent and the Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, convictions in the former part of Article 37, and Articles 38(1)2 and 50 of the Criminal Act;