"2018 Gohap 103"

1. On October 2012, the Defendant made a false statement to the effect that “The Defendant would make an investment in principal and profit when the auction procedure is completed after acquiring the defective bonds of the savings bank in the name of the victim” at the victim D’s office located in the Gangseo-gu Busan Special Metropolitan City B building C, the Defendant made an investment to the victim.”

However, in fact, the Defendant was unable to pay the principal of investment and agreed profits to investors because it was insufficient to expect the investment return of the company’s operating funds, so it was thought that only part of the funds received from the victim as bond purchase funds and used as the bond purchase fund, and the part of the funds was used as the “return prohibition” method, and even if the proceeds from the purchase of bonds accrue, it was thought that the funds will be used as the purpose of the repayment of the existing investors’ investment funds. Therefore, even if the funds were paid to the victim, there was no intention or ability to return the principal of investment and pay the proceeds.

Nevertheless, the Defendant: (a) by deceiving the victim on November 7, 2012; (b) transferred KRW 50,000,000 to the account of a mutual savings bank in the name of the F Co., Ltd. in the name of the Defendant’s management; and (c) from that time, until November 25, 2013, the Defendant received a total of KRW 492,991,530 from November 25, 2013 to three victims, such as the F Co., Ltd. list of crimes (Ⅰ).

Accordingly, the defendant deceivings victims to take money by deceiving them.

2. Around May 201, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is insufficient to purchase the non-performing loans against the right to do so in the name of the Defendant at the F Co., Ltd. office in the operation of the Defendant, which is located in J of J of J of J of J of J of J of J of J of J of J of J of J of J of J of Busan,

When investing in money, the principal of the investment and the principal of the investment if the investment is made after purchasing a real right with the money and making an auction at the last time.