On October 30, 2010, the Defendant concluded a lease contract and paid KRW 200 million as down payment with the victim D at the Defendant’s office located in the Jung-gu Seoul Central District Office (“Seoul Jung-gu”) No. 410 of the Seoul Jung-gu Seoul Central District Office (“Seoul Jung-gu”) around the second floor to the fourth floor above the ground. Each floor is planned to form a department store type and operate a new shopping mall business, and the removal construction will be completed until November 30, 2010, as the construction begins.”

However, in fact, the Defendant entered into a lease agreement with G, the president of the said F shopping mall operation committee, on August 10, 2010, with regard to the above F shopping mall from the 2nd to the 4th above ground, and was merely issued a guarantee letter from H as a broker of H, instead of paying 200 million won as down payment. The said guarantee letter of payment became invalid due to the failure to provide H’s security around September 2010, and its validity is unclear. At the time of the dispute between the existing management body of the F shopping mall and G, the president of the said F shopping mall, even if the above lease agreement is valid, it is unclear whether the above lease was implemented or not. As such, there was no intent or ability to repay the loan even if it was borrowed from the victim.

Nevertheless, on November 3, 2010, the Defendant, by deceiving the Defendant as above, received KRW 30 million from the victim’s account under the name of the Defendant.

Summary of Evidence

1. Legal statement of witness D in the third protocol of the trial;

1. Examination protocol of the accused by prosecution;

1. Each police suspect interrogation protocol against the accused and I (including substitute part);

1. Statement made to D by the police;

1. Each investigation report (Submission of data, such as a suspect's payment guarantee certificate), (Investigation of Submission of a Suspect's Payment Guarantee Certificate), (Attachment of Written Opinions), and (Investigation Related to theJ of Witnesses);

1. K's certificate;

1. A removal contract;