"2016 Gohap 619"

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and fraud was a situation in which the Defendant received allowances from the head office according to the management employees’ business performance while managing the business activities of the general employees in Kowawa Co., Ltd., and received business allowances by directly lending another person’s name. In order to improve sales performance, advertisements for selling Internet products have been placed by borrowing money from C, etc., but it was difficult for the Defendant to repay principal and interest within a short period of time due to the lack of business performance compared to the advertising expenses invested by the Defendant, making it difficult for the Defendant to repay principal and interest within a short period of time. Around August 201, 201, the Defendant’s profit alone was impossible to repay the principal and interest due to the fact that there was no de facto excess of debt, and it was a situation in which the Defendant received money from the other person as a loan and used the Defendant’

On August 8, 2011, the Defendant stated that, through C, etc., the Defendant would return the principal at any time at a request made in advance of three months prior to the filing of a request, the principal would be returned to the Defendant’s employees. The Defendant made a false statement that, “When investing money, the Defendant would invest the money in the advertising sales business of Kowawa and return the proceeds (interest) of 2% or 8% per month from the enormous proceeds therefrom.”

However, at the time of fact, the Defendant was under very difficult economic circumstances as above, and the so-called “prevention from return,” and thus there was no intention or ability to pay the principal and profit as agreed even if he receives the money from the injured party.

In addition, the Defendant, as seen above, was accused of the victim and then transferred KRW 20,000 to the husband G account on August 31, 2011 by the victim.