"2016 Highest 4020"

1. The Defendant is a person who is the representative director of C&C, D is a person who is the executive director of C&C, and D is the Defendant and D is a victim F at the office of C&C located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, on March 2015.

When making an investment in money, the principal of the investment shall be paid after six months, the interest on the principal of the investment shall be calculated on the five-month basis, and 30% of the total profit shall be paid when the profit is generated from the sale of the goods.

“A false representation was made.”

However, at the time, the Defendant and D had been operating in a timely manner due to the lack of business profits. The Defendant had approximately KRW 20 million, and KRW 100,000,000, and KRW 400,000,000, and KRW 1000,000, the Defendant planned to run the business solely with the investment funds received from investors, such as victims and G, and did not secure a fixed sales place for the purchased auction goods. Therefore, even if receiving the investment funds from the victims, there was no intent or ability to pay the victim the investment principle and the investment profits.

Nevertheless, the Defendant and D, as mentioned above, received a total of KRW 140 million from the victim’s bank account under the name of the Defendant to the corporate bank account (H) in the name of the Defendant, each of which was transferred to KRW 60,000,000 on March 12, 2015, KRW 40,000 on March 17, 2015, and KRW 40,000 on March 24, 2015.

In this respect, the defendant and D conspired, deceiving the victim, thereby acquiring property benefits.

2. On April 16, 2015, the Defendant and D calls the victim at an insular area in which the borrowed money is obtained, and “the garment is urgently required to take the garment, and the garment is borrowed KRW 10 million. The borrowed money shall be repaid until April 25, 2015, following the heat draft, and if the garment is not intended, the money shall be paid.