On July 11, 2012, the Defendant stated that “The Defendant would return KRW 100 million to the victim F by the end of July, 2012, through D, E, etc., the amount of KRW 50,000,000 for deposit not distributed in the city to KRW 30 billion for the purchase of the passbook deposited with KRW 30,000,000 for cash (the prompt title “new trust work”). However, if the Defendant invested KRW 50,00,000 as a fee for the preparation of the passbook, it shall be “the new trust work” and “the Defendant will return KRW 10,000,000 until the end of July.”

However, in fact, the Defendant did not have certain occupation or property at the time and did not know whether he had a cash of KRW 30 billion, and even if having received money from the injured party, there was no intention or ability to prepare a passbook with a deposit of KRW 30 billion necessary for the “new political party work” up to the said period.

The Defendant was issued 50 million won through E under the name of the same day investment money from the injured party.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. A protocol concerning the examination of a suspect against each part of the defendant by the prosecution (including the cross-examination);

1. Each protocol of examination of suspects by the prosecution against G, D, and E (including each substitute part);

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a criminal investigation report (report on the result of account tracking - Confirmation of the absence of passbook 30 billion won in H’s name);

1. The punishment shall be imposed in consideration of the relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act regarding the selection of punishment, the grounds for sentencing of punishment [the scope of recommendation] of punishment [the grounds for sentencing of imprisonment] of the basic area (from June to January, 6] (no person in special sentencing] [the decision of sentencing] of the basic area (of less than KRW 100,000] (the decision of sentencing is inappropriate, the amount of damage exceeds KRW 50,00,000), the amount of the same criminal record exists, the existence of the same criminal record after the closure of pleadings, and the absence of attendance at the trial, but the defendant has agreed with the victim after the closure of pleadings, and the defendant has recognized the crime.