On July 16, 2007, the Defendant stated that “The victim E was invested in the investment company after having received an investment from his/her parents,” and that “I would like to lend money to a third party the profit that he/she would be paid in lieu of his/her investment. In addition, if he/she made an investment in the investment company, he/she would be able to bring profits from the investment company. In this sense, the Defendant would guarantee the high profit of 10-50% interest as interest on the 45th day of the investment period, and would make an equal repayment of the principal and interest.”

However, there was no way to return the profits to the victim even if the defendant received money from the victim because the defendant did not have invested companies, and there was no intention or ability to pay the principal or the profits to the victim because the defendant planned to use the money from the victim as the corporate operating funds.

The Defendant received KRW 50 million from the victim to July 14, 2012 from 12 persons, such as the victim E, and acquired KRW 3.86 billion through 196 times from July 16, 2007 to July 14, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's interrogation protocol of the accused;

1. The statement of each police officer made to F and G;

1. Each statement of H, I, J, and H;

1. Statement of K case;

1. A notarial deed or a written agreement of repayment;

1. The e-mail paper and e-mail;

1. Details of passbook transactions and account transactions;

1. The application of Acts and subordinate statutes to an investigation report (report on hearing statements by a complainant), an investigation report (report on the consolidated preparation of a list of crimes);

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (main sentence for each victim), the choice of imprisonment for a crime;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Application of the sentencing criteria;

(a) Tangibles: general fraud and type 3 of not less than 500 million won but less than 5 billion won;