사기
The defendant is innocent. The summary of this judgment shall be notified publicly.
The summary of the facts charged is as follows: (a) around February 2012, the Defendant would make an investment of KRW 100,000,000,000 to the victim B, which would make it possible for the Defendant to make an investment of KRW 30,000,000 from KRW 30,000 to KRW 40,000.
“A false representation was made.”
However, even if the Defendant received an investment from the injured party, he has operated “C” a considerable portion of the money.
Since it is thought that the defendant will be used for personal purposes, such as sending it to D, there was no intention or ability to pay operating profits to the victim by operating the above Lao normally.
The Defendant: (a) by deceiving the victim as above; (b) around June 8, 2012, the victim was transferred KRW 30 million to the account under the name of the Defendant; (c) KRW 30 million to the account under the name of the Defendant on June 22, 2012; (d) KRW 20 million to the account under the name of E on August 28, 2012; (e) KRW 17 million to the account under the name of E on August 29, 2012; and (e) KRW 10 million to the account under the name of the Defendant on September 1, 2012; and (e) KRW 9 million to the account under the name of the Defendant on September 2, 2012.
Accordingly, the defendant received a total of KRW 116 million from the injured party and acquired it by remittance.
Judgment
1. The Defendant and his defense counsel’s assertion that the Defendant and his defense counsel remitted KRW 50 million out of the amount the Defendant received from the injured party to E and D with illegal Cinvestment funds under the direction of the injured party. The remainder of the money was used in the preparation for the Lcare opening business, but the remaining money was operated by using the opening of the Lcare opening business, but did not distribute the profits by deducting the operating rights to other investors such as F from the operating power. Thus, the Defendant and his defense counsel had intent or ability to pay the profits
The argument is asserted.
2. According to the record of the judgment (Evidence No. 498), it is confirmed that the defendant stated to the effect that he/she would recognize a part of the funds to be useful for the victim.
However, in full view of the following circumstances admitted by evidence, only the evidence submitted.