[2020 Gohap146]

1. The Defendant committed the crime against the victim B is a person operating a mutually named company “C” that mainly engages in disease control and disinfection services and building hygiene control services, and the victim B was aware of while working in the same insurance company around 2009 with the Defendant.

From July 2016, the Defendant had been engaged in the business of raising the immunity of livestock when the Defendant mixs the victim with livestock feed, such as pigs and cattle, and supplying the EM (Efficisms and useful micro-organisms) which has the effect of treating livestock. However, upon soliciting investment several times with a good prospect, the Defendant attempted to acquire the investment money from the victim by means of displaying a forged supply contract, as if he were supplying the EM won amount to the institutions such as cooperatives.

The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) said that “In the middle of July 2016, the Defendant concluded an EM supply contract with the E Center” with the victim in the restaurant near D apartment of Gangdong-gu Seoul, Seoul, but in order to proceed with this contract, it is necessary to purchase the EM materials and operate the business. When investing in this project, 3% of the monthly interest will be given and 50% of the profits will be paid if the profits occur.”

However, there was no fact that the Defendant entered into a supply contract with the E Center, and there was no business related to the EM amount to the extent that the interest and the profits can be paid.

In addition, as the defendant bears a large number of obligations at the time, even if he receives investments from the victim, he thought that he will use it as repayment of personal obligations, etc., and he did not have an intention or ability to return the principal and the

Nevertheless, on July 19, 2016, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the F bank account (G) in the name of the Defendant.