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The defendant shall be innocent.
Reasons
1. On June 2007, the Defendant was aware of the fact that the victim C invested KRW 14 million in the FICB Co., Ltd., but the said company was bankrupt, thereby incurring loss equivalent to the investment amount.
around August 22, 2008, the Defendant received 3.5 million won from the victim, stating that “E engaged in government-supporting business is an Internet, telephone, and handphone business in Cambodia, and is scheduled to list it on the KOSDAQ by participating in capital increase with capital increase issued by another company. If only 3.5 million won is to be paid upon listing, the Defendant made an investment and then transferred KRW 17.5 million to the victim within 2 months prior to the investment, including KRW 14 million as the victim incurred losses.”
B. On January 9, 2009, the Defendant received KRW 1 million from the victim on the following grounds: “Around January 9, 2009, the Defendant did not fully repay KRW 3.5 million to the victim: (a) borrowed 3.5 million to the Plaintiff; (b) provided the list of shares if the Plaintiff borrowed 1.0 million of the shortage necessary for listing the company’s shares; and (c) provided the Defendant with a refund to all the borrowed money.”
C. Around October 30, 2009, the Defendant received KRW 7 million from the victim, stating that “At the National Bank Office located in Gangnam-gu Seoul Metropolitan Government, the victim “at present is well-known, and has given leave in Cambodia.” The shares were transferred from the victim, stating that “The shares were listed without a mold, and there is a difference in the amount of money to be additionally invested.”
On November 10, 2009, the Defendant received 4 million won from the victim to the deposit account in the name of F by stating to the effect that “The shares are listed in this month. If the Defendant borrowed 4 million won more than that of the shortage, the total shares will be listed, and if so, there will be a high sight.”
However, fact is not a company that operates or pays profits from the government support project at the time.