1. The Defendant: (a) around December 4, 2012, at the request of the victim FF on “E” located in Namyang-si, Namyang-si; (b) around December 4, 2012, at the request of the victim F, the Defendant purchased one unit of BMW528i G car in 2010; (c) on December 4, 2012, the Defendant received KRW 29,000,000 from the payment to a corporate bank account under the name of the Defendant and transferred the money to the corporate bank account under the name of the Defendant; and (d) deposited KRW 1,165,00,000 with the foregoing vehicle insurance premium in KRW 2,40,000 for the victim; and (e) embezzled the remaining KRW 25,435,000 for the victim by using the full amount of the Defendant’s personal debt repayment in mind at around that time.

2. Around June 18, 2012, the Defendant: (a) stated that “E” located in Namyang-si, Namyang-si; (b) “BMW 520d Accident Vehicles have been stored in lots; and (c) if the vehicle was purchased and repaired and sold after repair of the vehicle, income may be earned at an amount of KRW 10 million; and (d) if the Defendant invested KRW 39 million in order to purchase and repair the vehicle, he/she would be paid the principal of the investment and KRW 4 million out of the profits.”

However, from the beginning of 2011, the Defendant had failed to perform a motor vehicle transaction business and had a debt of approximately KRW 350 million. Around June 2012, a debt including bonds has been increased to more than KRW 500 million. Thus, even if the Defendant received an investment money from the victim and received the said vehicle, he/she planned to use it for repayment of the Defendant’s personal obligation, and from the beginning, he/she did not have any intent or ability to reduce the principal amount of the investment and the profits.

Nevertheless, as above, the Defendant, by deceiving the victim and deceiving it from the victim for its investment money, shall be KRW 20 million on June 18, 2012; KRW 6 million on June 22, 2012; KRW 3 million on the 25th of the same month; KRW 2 million on the 27th of the same month; and

7. A total of KRW 39 million, including KRW 8 million, was remitted to an enterprise bank account (Account Number: I) in the name of the defendant.

Summary of Evidence

[2014 Highest 994]

1. Defendant's legal statement;

1. The police statement concerning F;

1. A complaint;