[2013 Highest 2664]

1. On September 2010, the Defendant made a false statement to the victim at a singing shop operated by the victim D, who was in Suwon-gu, Suwon-gu, Suwon-gu, 2010, stating that “The Defendant has many information about the shares and would bring a big profit to the purchase of shares. The Defendant has good information at this time, and should buy shares as soon as possible. The Defendant would pay profits through shares, guarantee the principal, and raise profits.”

However, even at the time of fact, the term "Nexx Investment" claiming that the Defendant had suffered losses through stock investment, and that the Defendant had stock information, was in a state of business profit from 2007 to 2010, and that there was no prospect for a rise in the market price in the future. There was no possibility for a rise in the market price in the future. Of the money received from the victim, approximately KRW 20 million was used to purchase the actual shares, and the remaining money did not have the intent or ability to pay profits through stock investment even if the Defendant received money from the victim by using the funds for the management of the company operated by the Defendant.

On September 9, 2010, the Defendant received KRW 40 million from the victim to the national bank account (E) in the name of the Defendant on September 9, 2010.

2. On November 18, 2010, the Defendant made a false statement that “on the part of the victim’s singing stores, the Defendant operates an online sales company, which is expanding the current sales store, and that there would be a large amount of profits. There is a need for the money to be raised and that the money to be used only is needed. The Defendant would be repaid on a loan.”

However, in fact, the Defendant, from around 2009 to around March 201, started the sale of Tech products, and had not been sold at the sales outlet prior to March 201. However, even though the Defendant invested a large amount of money in the expansion of office and the interior of sales outlet even after around March 201, sales at the sales outlet were made.