2. Determination

A. According to the evidence duly adopted and examined by the court below and the court below, the defendant is an investor of C, the head of the headquarters, and D and the victim F, the defendant are subordinate investors of the defendant. On October 8, 2008, when the representative director of the above company is detained and the dividend payment has been suspended, D and the defendant stated on October 24, 2008 that "if the husband knows that he made an investment in South Korea, he would have any problem. I would like to loan money from the victim. I would like to not lend money because the victim cannot believe D and would recover the investment money from the representative director of the company, which the defendant could return money to D and thus, he would be liable for collection of the investment money within 16 million won to the victim, and the victim could return the entire investment money to C and return it to 100 billion won to the investor."

Although the Defendant believed that the investment amount would be returned within one month upon the release of H and I in the course of operating C, the Defendant alleged that there was no intention. However, even if the Defendant believed as such, H and I were sentenced to imprisonment with prison labor for a period of four years, three years and six months in prison due to habitual fraud in connection with the operation of C, etc., and was unlikely to be released at that time, and even if H and I were released, C did not have the ability to return the investment amount in the situation where the operator was punished for fraud at the time.