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Defendants are not guilty.
Reasons
1. Defendant C, as a director of the company I (hereinafter “instant company”), having an office on the 41st floor of the Gangnam-gu Seoul H building, was responsible for inducing investors by holding an investment presentation meeting and explaining whether to list the instant company. Defendant A, Defendant B, Defendant B, and Defendant D, as an adviser of the instant company, were introduced through an investor, to take charge of participating in the investment presentation of the instant company, thereby obtaining money from many investors as a share price and obtaining it as a share price.
On September 209, the Defendants held an investment briefing session at the office of the main office of the company of the Cheongju-si, the Cheongju-si, and the third floor, and made a false statement to the effect that “The company of this case is running 3D business and will be listed within 2 years as soon as possible, and if listed, it can make an investment more than 10 times as profits.”
However, at the time, the company's capital was merely KRW 100 million, and there was no intention or ability to list the company in this case and make it possible for the complainants to gain 10 times profits by listing the company in this case within 2 years since there was almost no transaction partner and business performance while operating the company in this case, and there was no particular property or revenue, and even if it was paid by the complainants under the name of stock price, there was no intention or ability to return it.
Nevertheless, the Defendants deceiving the complainant as above and then receive from the complainant to a new bank account under the name of the Defendant, each of the following amounts: (a) KRW 20 million on October 26, 2009; (b) KRW 13 million on March 17, 2010; (c) KRW 12 million on July 5, 201; and (d) KRW 51 million on April 18, 201.