【Criminal Facts】

On September 2015, the Defendant made a false statement to the victim B, stating, “When making an investment in the Asset Management Team of the Company C, it would be able to make a stable crowdfunding to allow the victim B to take profits as well as the principal and high profits.”

However, at that time, the Defendant had been unable to make an investment while receiving investment from about 30 investors, including the victim and about 30 investors, in the process of managing stocks by receiving investment funds, and only he thought to use the funds for repayment of principal and interest, personal living expenses, etc. for other investors, and there was no intention or ability to pay investment profits or to guarantee the principal of the investment.

The Defendant, from September 14, 2015, received transfer of KRW 10 million from a victim to a bank account under the name of the Defendant (E) on September 14, 2015, from that time, from that time 2017.

6. By January 6, 190, a total of KRW 1988 million was remitted from victims on 13 occasions, such as the annexed list of crimes.

2. The facts charged of the instant case are those falling under Article 347(1) of the Criminal Act, and the provisions of the same law as relatives under Article 328(2) of the Criminal Act which is applicable mutatis mutandis by Article 354 of the Criminal Act (in the case of relatives not living together, the prosecution may be instituted only upon the complaint of the victim) shall apply.

According to the records of this case, the victim F of the facts charged of this case is a woman who is a collateral blood relative in the second degree between the defendant and the second degree, and the victim B is a relative within the fourth degree as a spouse in the victim F.

(Article 71, No. 777, No. 2 of the Civil Act). Therefore, the facts charged in this case can be prosecuted only upon the complaint of the victims, who are relatives not living together, and the victim B.