[2017Gohap93]

1. The Defendant’s fraudulent act committed against the victim B, which was prosecuted for the instant case No. 2017 Gohap93, was obtained money from the victim B and C in the name of the investment money, and the prosecutor, upon filing an application for changes in indictment on November 2, 2018, entered the facts charged by the Defendant’s deceptive act and added the part of the victims’ damage amount omitted from the initial indictment.

The criminal facts added by the prosecutor added the facts of damage inflicted by the defendant at the close time under the same deception against the victims, and the criminal intent of the original prosecuted and the criminal intent are identical, so the above prosecutor's application for changes in indictment is lawful.

Around November 14, 2015, the Defendant related to the public offering share investment stated to the victim B at the coffee shop in Songpa-gu Seoul, Songpa-gu, Seoul. The Defendant stated to the effect that “B is aware of a good investment vehicle related to the shares from G that is a re-satise F and shares-related work. G is making an investment in the public offering share, and B is making an investment in the public offering share through G if money is given to B. In light of the record of the previous year, at least two to three times profits may be earned, and the principal shall also be guaranteed.”

However, the Defendant’s “public offering investment” refers to a type of investment in which Korean investors establish Pucom, etc. in the tax avoidance area, and make it pretended to be investors in foreign institutions, and thus participating in the domestic listing public offering allocation, and at the time, it is not clear that the principal of such investment is guaranteed or that the Defendant has obtained profits from two to three times. Although the Defendant invested KRW 50 million out of the amount received from the victim in the name of public offering offering investment, the Defendant did not have obtained profits from returning the principal thereof.

In addition, the defendant receives from the victim.