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The defendant shall be innocent.
Reasons
1. The Defendant is a person who operated convenience stores in Gangnam-gu Seoul Metropolitan Government D1 story.
A. Around August 13, 2013, the Defendant made a false statement to the effect that, at the Defendant’s home located in Gangnam-gu Seoul Metropolitan Government F and 301, the Defendant would pay 3% interest per month if he/she lends money to the Victim G, and if he/she fails to pay the money, he/she would transfer the deposit and premium for convenience store.
However, the fact, however, was that the convenience store was operated continuously, and there was no intention or ability to pay the principal and interest of the loan from the damaged party properly, and it was thought that the loan from the injured party is used for the operation of convenience store or the repayment of the principal and interest of the existing debt, i.e., the so-called "refluence to return".
Nevertheless, the Defendant: (a) by deceiving the victim as such; (b) obtained KRW 95 million from the victim; (c) KRW 125 million around August 21, 2013; (d) KRW 30 million around August 26, 2013; (c) KRW 12 million around March 25, 2014; (d) obtained KRW 12 million around June 23, 2014; (e) KRW 10 million around July 9, 2014; and (e) obtained KRW 10 million around July 27, 2014; and (e) obtained KRW 60 million around April 18, 2015; and (e) obtained KRW 350 million in total from the victim as a loan.
B. Around May 2014, the Defendant made a false statement to the effect that “The head office (Corporation I) of H convenience store is listed in the KOSPI.” The E convenience store is distributed to the victim with excellent sales performance, thereby raising more than 13% profits per annum, and at the same time, 13% per annum should be guaranteed if less than 13% of profits accrue.”
However, even if the head office of convenience store is listed, the defendant was not able to receive a large number of shares preferentially.
Nevertheless, the Defendant, as such, by deceiving the victim and deceiving the victim, shares of KRW 180 million in total over three occasions, including KRW 110 million, KRW 20 million, KRW 50 million, from the victim on May 2014.