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Defendants are acquitted.
Reasons
1. The summary of the facts charged in the instant case appears to be “from August 2018,” as stated in the written indictment from around August 2008, along with D, and there is no substantial disadvantage to the Defendants’ exercise of their right to defense. Thus, the Defendants are corrected ex officio.
Although the Seoul Gangnam-gu Seoul E building started the entertainment business "F" on the second floor, it was intended to attract investors and acquire investment money under the pretext of giving profits even though there was almost little amount of profits from the above entertainment business. Defendant A is the representative, Defendant B is the investor recruitment role, and Defendant C is responsible for the role of explaining investment.
At the lower trial on November 2008 and the above F office, Defendant B loaned KRW 50 million to Victim G, and Defendant B demanded the investment that “I will pay the principal and the profits by allocating the amount of money borrowed from the profits deposited each day by operating the amusement room across the country after a week.” Defendant A displayed the victim’s operating method of the game machine used for the operation of the amusement room and the form of profits, and Defendant C recommended investment by explaining the victim’s business.
However, in fact, D operating “F” had already been detained on October 2008 and could not make an investment in the entertainment room business even if it received the investment money from the victim. At that time, the said entertainment room business was rarely unable to generate profits. Since the Defendants planned to use the investment priority fund received from the victim as a referring to the referring to the referring to the redemption of the investment priority fund with the principal and the profits of the investors, the Defendants did not have the intent or ability to pay the principal and profits to the victim even if they received the investment money from the victim.
Nevertheless, the Defendants deceiving the victims as above and deceiving them from the victims in cash from the victims around November 28, 2008.