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The defendant shall be innocent.
On June 2013, the Defendant: (a) was a person who actually operated E Co., Ltd. (hereinafter “E”); (b) attempted to dispose of E due to business difficulties; (c) but (d) had difficulty in disposing of E due to much more liabilities than the company’s assets; (b) had the victim F’s intent to purchase E by deceiving the victim by informing the victim of a less amount of liabilities than the actual size of E’s debt; (c) had the intent to attract the victim to transfer E; and (d) had the representative director of G and the nominal representative director of E, who was in charge of tendering as the head of the division of the E’s business, directed G and H to the effect that “E will be accurately informed of the size of liabilities of E”; and (e) G and H have drawn up and issued to the victim a list of liability status to the effect that the size of liabilities of E reaches KRW 758,73,950.
On June 2013, 2013, the Defendant offered that “E’s debt is up to KRW 7-80 million, and all the company’s debt and assets are transferred to KRW 50 million,” to the victim who met at the J coffee shop before the lower police officer, but the Defendant withdrawn his intention of transfer on or around July 2013, but decided to transfer E again.
On August 20, 2013, the Defendant offered to the victim that “I have paid taxes of KRW 30 million in cash during the period, E will take over KRW 20 million in cash,” and that the amount of E’s debt is KRW 758,73,950, as stated earlier.
However, the amount of debt of E at the time reaches approximately KRW 480,000,000,000 more than that notified to the victim, and KRW 1,243,348,327.
The victim transferred KRW 20 million to the Nonghyup Bank account in the name of the representative director of H, E, under the name of the acquisition price of E, under the deception of the defendant concerning the amount of debt amount.
Accordingly, the defendant acquired 20 million won from the victim.
However, there is no room for a judge to be convicted in a criminal trial.