On July 6, 2010, the Defendant: (a) around 4, 2010, the D shopping mall located in Jung-gu Seoul Metropolitan Government was liable for KRW 850 million at the time of payment; (b) even if the Defendant received investment from the creditors, he did not intend to use it for other debt obligations; and (c) even though he did not have the intent to use it for the clothing business, the Defendant borrowed KRW 30 million to the Plaintiff when he did not short of the funds to purchase the clothing for investment, he would purchase and sell the clothing, and pay it in the way of dividing 40% of the profits by 40% after he purchased and sold the clothing.

“Falsely speaking, deceiving the victim, and, in other words, was remitted from the damaged person to the national bank account (Account Number: G) in the name of F, of cash KRW 30,000,000 from the name of the injured person for investment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A complaint (Detailed statement on business agreements, cash loan certificates, and transaction of passbooks);

1. 수사보고( 투자 금 사용 내역), 판결 문 [ 피고인과 변호인은 의류 구입대금 명목으로 빌린 돈 3,000만 원으로 H으로부터 땡 처리 의류를 구입하여 I 쇼핑몰 4 층에서 5~6 개월 동안 의류판매를 진행하였고, 그 후 같은 쇼핑몰 지하에서도 매장을 계속 운영하였으므로 편취의 범의가 없었다는 취지로 다투나, 피고인이 2010. 경 의류 구입대금 명목으로 투자 받은 돈으로 의류를 구입하여 실제 쇼핑몰을 운영하였다고

In light of the fact that the lease contract, clothing purchase receipt, financial data, etc., which are objective data to determine the person, are not submitted, the facts charged in the instant case can be recognized, and the defendant and the defense counsel's assertion are not accepted.

Application of Statutes

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, the reasons for sentencing of sentence of imprisonment (decision of sentence) and the reasons for sentencing of sentence (decision of sentence).