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The defendant shall dismiss the application filed by the applicant for compensation.
Reasons
1. Summary of the facts charged
A. A. On April 25, 2017, the Defendant: (a) around April 25, 2017, the Defendant planned to operate a group restaurant in the name of “E” to the victim B at the D office of Songpa-gu Seoul Metropolitan Government 10 Floor Co., Ltd.; (b) around April 25, 2017, the Defendant paid KRW 300 million to the victim B by 20% of the net profit of monthly sales, and the principal shall be returned at any time when the contract is rescinded.
However, in fact, the Defendant did not have the intent or ability to pay the profits or return the principal, even if he received the investment money from the victim because the Defendant had been liable to pay KRW 300 million at the time.
Nevertheless, as above, the Defendant, by deceiving the victim as above, received from the victim each of the above amounts of KRW 50 million around April 25, 2017, KRW 100 million around May 4, 2017, and KRW 50 million around June 1, 2017.
B. Around July 2017, the Defendant committed a crime. Around July 2017.
At the place indicated in the subsection, the victim planned to operate the frequency of “F” in the name of “F,” and the existing investment amount alone means that the existing investment amount is converted to investing KRW 200 million in “F,” and that the remainder of the investment amount is paid 30% of the monthly net profit, and the principal shall be returned at any time at the time when the contract is rescinded.”
However, the Defendant, after starting the business of “E” around September 2017, reported the deficit of KRW 70 million or more every month, and was thought to preserve the deficit of the said “E” with the profits accrued from “F.” As such, while the Defendant was liable to compensate for the deficit of the said “E” while there was no particular property, there was no intention or ability to pay the profits or return the principal even if the Defendant received the investment money from the victim.
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 100 million from the victim on November 30, 2017 under the pretext of investment money.
2. Determination
(a) related;