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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
The defendant is charged with KRW 300,000,000 to an applicant for compensation.
Reasons
1. The summary of the grounds for appeal (the factual error) presented the condition that the Defendant would return 300 million won to the victim after one week, secure the ED market by mobilization of human beings, such as politics, etc., and enter into a contract with I holding patent rights with respect to ED, and the victim sufficiently recognized that 300 million won was delivered to the Defendant, the lower court acquitted the Defendant. The lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.
2. The facts charged and the judgment of the court below
A. The facts charged by the Defendant had already been in bad credit standing due to credit card bills, bank loans, overdue loans, etc. in the 1990s, and the portal site in China, which was prepared to bring about about KRW 50 million from December 24, 2006, has not been opened due to investment shortage.
The 3D portal development company in China operated by the defendant found investors due to the lack of operating expenses from October 2008, and had them from around January 2009, the unpaid wages amounted to 50 million to 60 million won, and the server rent was not paid. On April 2008, the unpaid labor cost exceeded 700 to 80 million won, so it was thought that it would be used to pay an urgent amount of debt even if it receives an investment from the victim C.
Even if all of the funds invested by the victims were invested in the site development fund, 200 million won should be added to the site, and it was not possible to open investors other than the victims at the time, and even if the site is normally open, about 2-3 years are needed until the profit is paid through the operation of the site, so it was insufficient without limit to pay the virtual operating profit within a short period of time with the victim's investment funds.
In fact, 30 million won of the victim's money has been invested, but around November 2009.