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The defendant shall be innocent.
Reasons
1. The Defendant is the representative director of C Co., Ltd. (hereinafter “C”).
On June 2, 2014, the Defendant made a false statement that “C sells petroleum imported from Russia to gain 15% profits, and if investing in C, it would pay the principal and 10% profits.”
However, the defendant did not have the intent or ability to pay the profit of 10% as agreed with the principal even if he received the investment money from the victim.
As such, the Defendant, by deceiving the victim, received KRW 10 million from the victim on June 2, 2014, and acquired it by deception.
2. According to the records, on June 2, 2014, E remitted KRW 10 million to the account under the name of C (F) on June 2, 2014, and the Defendant, on June 30, 2014, prepared a letter of payment with the intent to pay KRW 6 million (including fees for interest other than KRW 5 million) to E until July 4, 2014 (hereinafter “instant statement of payment”). The Defendant, in collusion with G, H, and I from January 28, 2014 to March 19, 2014, may reduce the amount of money to be paid if it invests in the oil station business, and stored in a warehouse with a large quantity of oil, and received a false judgment with a large amount of money of KRW 10 million from July 4, 2014 to supply it to E with a large amount of oil of KRW 500,000,000,000, which can be recognized as 107,000.
However, in light of the following facts and circumstances recognized through records and examination of witness, it is not sufficient to recognize the fact that the above facts are sufficient to recognize the fact that the defendant deceivings the victim and defrauds the victim, and there is no other evidence to prove otherwise.
1. The Defendant was not involved in the instant investment, and K is a corporation of C regardless of the Defendant.