On June 15, 2015, the Defendant made a false statement to the victim D, “When investing KRW 20 million in the business of selling apartment units, the Defendant would pay KRW 1 million, which is 5% of the investment, daily income and return the principal two weeks later.”

However, at the time, the Defendant intended to resell the right to sell shares, but was unable to obtain profits because there was no other person seeking to purchase the right to sell shares. The Defendant received investment KRW 10 million from 7 investors other than the victim, and paid approximately KRW 300,000 each day to the said investors. For this purpose, even if the Defendant received the investment from other investors, he did not have any intent or ability to return the principal amount two weeks later.

On June 16, 2015, the Defendant, by deceiving the victim, received 20 million won from the victim to the Agricultural Cooperative Account (G) in the name of E, the Defendant’s seat on June 16, 2015.

On December 30, 2014, the Defendant was sentenced to a suspended sentence of two years to imprisonment with labor for fabrication of private documents, etc. at the Changwon District Court’s Tongwon District Court’s branch on the following grounds: (a) on January 7, 2015, the judgment became final and conclusive; (b) on February 18, 2016, the Defendant was sentenced to a suspended sentence of one year of imprisonment with labor for embezzlement at the Changwon District Court’s branch office, and on February 26, 2016, the said judgment (hereinafter “final judgment”) became final and conclusive. However, according to the records, the criminal facts of the final judgment of the first instance (as of October 2013), which were committed before the date of final and conclusive judgment of the second instance judgment, but the crime of the second final judgment, which was committed before the date of final and conclusive judgment, constitutes a crime of fraud and a crime of fraud under Article 13(1) of the Criminal Act, and thus, cannot be determined at the same time, in accordance with Article 13(1) of the Criminal Act.