The Defendant, as a member of the Texa club “B”, has acted as if he were 2 years of age, on the following grounds: (a) the members of the said club, including E, who are members of the coastal defense industry; and (b) the Chairman E, who is an enterprise of the coastal defense industry.

1. The nominal fraud of an investment fund;

A. On May 2017, the Defendant told the victim of the mutual infinite coffee shop located in Busan East-gu, that “A business is carried on by acquiring the company along with the siblings and selling it to a third party again, and if an investment of KRW 40 million is made, the Defendant would distribute within three months the total amount of the investment principal and the profit equivalent to KRW 300 million.”

However, in fact, the Defendant did not have any connection with D, and did not run the above business, and was thought to consume the money received from the victim as the living expenses of the Defendant, etc. without any specific income, so there was no intention or ability to reduce the principal and profit as agreed to by the victim.

On May 25, 2017, the Defendant, by deceiving the victim as above, received 40 million won from the victim to the G bank account (H) in the name of F on May 25, 2017, and acquired it by money as investment.

B. On July 2017, at a place where the Defendant could not know the place, the Defendant stated, “The Defendant is a large and good investment entity that has made an investment in the same kind of KRW 40 million at once, and may make a profit of KRW 35 million or more if it invests in KRW 35 million at the time.”

However, in fact, the Defendant did not have any connection with D, and did not run the above business, and was thought to consume the money received from the victim as the living expenses of the Defendant, etc. without any specific income, so there was no intention or ability to reduce the principal and profit as agreed to by the victim.

As above, the Defendant, by deceiving the victim as above, was the victim, to make an investment from the victim, to the G bank account (H) in the name of F on July 14, 2017.