사기
Defendants are not guilty.
1. On January 2014, the summary of the facts charged in the instant case, the Defendants made a false statement to the victim F at the home of the Defendant 504-302-dong, Guro-gu, Seoul, 2014, stating that “The Defendant, while having invested KRW 40 million in the Red bean, he/she may be punished by money if he/she invests in money, and the principal is fully repaid even if he/she has been repaid, and the dividend on the investment is deposited in the passbook every month.”
However, the Defendants knew from around December 2013 that G was in the state of suspending the withdrawal of profits from investment funds to investors, so even if they received investment funds from the damaged party, they could not pay profits to the injured party, and even if they were to use the funds for other purposes, such as living expenses received from the damaged party, there was no ability or intent to pay profits and principal to the injured party.
The Defendants, by such means as seen above, were informed of the victim’s deception and then received KRW 20 million from the victim on January 4, 2014, and KRW 17 million on March 10, 2014 from the Defendant’s corporate bank account in the name of Defendant A (H).
As a result, the Defendants conspired to deceive the victim, thereby deceiving 37 million won.
2. The Defendants and the defense counsel asserts to the effect that at the time, the Defendants believe the investment explanation of G company and deliver the content of the investment explanation to the victim and make the victim make an investment, thereby allowing the victim to obtain the investment code, and there was no intention of deceiving or deceiving the victim.
The following circumstances acknowledged by the record, namely, Defendant B was an investor who made an investment in G in the company called “G” by transferring the sum of KRW 42 million from September 2013 to October 10, 201, and Defendant A directly explained its investment to the head office of Hong Congo G.