1. On April 23, 2008, the fraud Defendant made a false statement to the “C” household store operated by the Defendant in Gangnam-gu Seoul on April 23, 2008, stating that the victim D would pay a full payment within two months if the victim borrowed KRW 50 million.

However, the Defendant was unable to pay the interest of KRW 8 billion due to the poor performance of the household sales business at the time. Moreover, the Defendant was in a situation where taxes of KRW 380 million were imposed and additional bonds were sought to pay the said taxes, and thus, there was no intention or ability to pay the said money within two months even if the Defendant borrowed the said money from the injured party.

As such, the Defendant received 50 million won from the victim by deceiving the victim via a single bank account (F) in the name of E.

2. Around 22:00 on April 20, 201, the Defendant was handed over the JMW car (the ex-factory price of 2004 KRW 200 million) used by the above victim conference company I through a lease agreement, on the ground that the Defendant: (a) at the I’s office, the representative director of H, a victim company G located in Yongsan-gu Seoul Metropolitan Government, and (b) “I will use only a day of lending a corporation vehicle.”

On April 201, the Defendant borrowed KRW 15 million from another person at the end of April 201 and embezzled the said vehicle as collateral for the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to D or K;

1. Relevant legal provisions of the Criminal Act, Articles 347(1) and 355(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. It is so decided as per Disposition on the grounds of an agreement with the victim of 0 embezzlement to the effect that the amount of 0 embezzlement is not specified in the first sentence of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes and the amount of 0 punishment is not yet repaid, and that such agreement is reached with the victim of 0 embezzlement and reflects (in spite of the opportunity to reach an agreement, two contacts are not present in court)0 and other various sentencing conditions, such as the defendant's age, sexual behavior, criminal record, and the circumstances after the crime, etc.