The Defendant decided to invest in genetic development promoted by G (hereinafter referred to as “U.S.”) from developing petroleum and natural gas in the U.S. Tex and Libera State. The Defendant arbitrarily changed the name “H limited liability company”, which is a special purpose company of F, into “I limited liability company” (hereinafter referred to as “I”), without obtaining F’s resolution from the F’s board of directors, and entered into a genetic development participation agreement which invests a total of 21 million U.S. dollars and four mining areas (J, K, L, and M) located in the U.S. G on November 1, 207.

However, without any specific plan and method to prepare 21 million U.S. dollars, the Defendant secured funds to make investments in U.S. G, and had the appearance of changing the name using a corporation established by F as if F was an enterprise in charge of genetic development investment, and had the intent to attract investors by deceiving investors as if profits have already arisen from genetic development and can guarantee the principal and profits.

Around November 9, 2007, the Defendant: (a) at F offices located in Yeongdeungpo-gu Seoul Metropolitan Government N around November 9, 2007, the genetic development project was not a development project to be invested by F; (b) however, there was a appearance in which F invested by F after completing the investment attraction, etc.; (c) it was unclear whether it is possible to implement a contract entered into with G of the United States because there was no attraction of the total amount of 21 million capital required for genetic development; and (d) the genetic development investment was a product whose principal is not guaranteed, but the victimO decided to invest approximately KRW 21 million with respect to the four mining areas of the United States G, and the prospect for the genetic development is very good.