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Defendants are not guilty.
Reasons
1. The Defendants in the facts charged hold half of the shares of the F in the name of each of Defendant A’s Dong-si and Defendant B’s wife, and Defendant A has a business director of the F in charge of the dispute resolution and the representative director of the F in charge of the said dispute resolution, etc., and the Defendants are operating the said dispute resolution fund in substance.
On January 9, 2013, the Defendants established the said company at KRW 50 million in capital. However, as there was no additional capital stock, the Defendants failed to raise funds for the company’s operation, the Defendants conspired to borrow money in the name of the purchase fund under the said contract by using the fact that the exclusive sales contract with G was concluded to raise funds for the company’s operation.
Therefore, around March 7, 2013, the Seoul Metropolitan Government H 9th HHF office, and the victim I would enjoy a lot of profits from importing and selling goods in accordance with the clothes import contract concluded with the G. However, if the funds of KRW 300,000 for the clothing import are loaned to the victim first, if the funds of KRW 150,000 for the clothing import are charged to the custody fund first, the above funds will be purchased in the United States and repaid in the way of distributing the amount in proportion to the loan amount.
However, the Defendants did not have any intent or ability to enter into a purchase contract or return profits accrued therefrom, even if they received money from the victims in the name of the purchase price of goods, since the Defendants did not have the basic fund for the management of the company, such as office interior, purchase of vehicles, etc. at the time.
Nevertheless, the Defendants deceiving the victim as above and acquired 150,000 won from the victim to the Agricultural Cooperative Account in the name of the F Co., Ltd.
2. Determination
A. The gist of the Defendants’ assertion asserts to the effect that the Defendants did not deception the victim as a general investment money for shares, and that they did not have any criminal intent by deception.
(b).