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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. Summary of the facts charged
A. On June 2013, the Defendant: (a) operated a mixed system operated as a successful bidder at a non-permanent restaurant located in the Seocho-gu Seoul Special Metropolitan City, Gangdong-gu, for the victim D from June 2013, 201 to KRW 11-36.
If 855,00 won per old unit is paid, 30 million won should be paid in accordance with the order of priority, and it was false as if 85,000 won were paid in accordance with the order of priority.
However, the Defendant borrowed 7,50,000 won or more from the national bank, victims, and F, etc. every month due to purchase of land and new construction of a ground building located in Gyeonggi-do E in which the Defendant had been operating without any special occupation at the time, for five years prior to receiving the above fraternity payment from the injured party, and was required to pay 6,50,000 won or more for each month. On June 2008, the Defendant still had a debt of 400,000 won or more to the national bank, F, etc., and even if receiving the payment from the injured party as above, he used it first for the Defendant’s debt repayment, and considered to prevent the Defendant from returning it to other accounts operated by the Defendant.
Ultimately, the Defendant, as seen above, by deceiving the victim as above, received KRW 22,230,000 per month from June 4, 2013 to June 25, 2015, in total, KRW 855,000 every month from June 26, 2015 from the victim to June 25, 200.
2) On January 1, 2014, the Defendant is operating a mixed system operated as a successful bidder for the victim D, “1 to 10 times,” and up to 11 to 36 times.
If 1,425,00 won per old unit is paid, 50 million won per old unit shall be paid as an fraternity according to the order of priority. The amount of 50 million won per old unit is received from the members of the fraternity, and the amount of 1,425,00 won was falsely paid according to the order of priority.
However, as stated in the preceding paragraph, the defendant is a defendant, even if he receives an advance payment from the injured party.