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The defendant is innocent.
Reasons
Summary of Facts charged
1. On July 2017, the Defendant made a false statement to the victim D’s representative director at the office of the 4th executive director of the Gangnam-gu Seoul Metropolitan Government Group 2 Building Co., Ltd., on July 13, 2017, stating that “The Defendant would procure 18 billion won of the insufficient acquisition fund related to the acquisition of the Co., Ltd. E by July 13, 2017, an underwriting contract date, and would substitute 10% per month or 7-8% per month as interest at the completion of the acquisition after a month.”
However, the defendant did not have any intention or ability to raise money within the agreed time, even if he received interest from the victim to raise funds.
As above, the Defendant, as well as the Defendant, by deceiving the victim as above, received KRW 100 million from the victim around July 12, 2017, and received KRW 400 million in total from around that time to July 19, 2017, on three occasions from around that time, to around July 19, 2017, respectively.
2. The Defendant of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) demanded the return of the price in the second floor H office of the G exhibition center in Gangnam-gu Seoul, Seoul, on July 2017, on the fact that the funds agreed upon from the victim did not have been raised as stated in the preceding paragraph, and the victim stated that “The second cell production equipment manufacturing and delivery company, which is the supplier company, are in need of KRW 4.5 billion in acquisition funds. It is necessary to raise the amount of KRW 29 billion in the insufficient acquisition funds, and that once deposited the insufficient amount of KRW 50 million in the Eck account with the prior interest, fee, etc.”
However, even if the defendant received prior interest, etc. necessary for financing from the victim, he did not have the intent or ability to procure 29 billion won to the victim.
As above, the Defendant, by deceiving the victim as above, has the victim do so, is the interest of the lending to the law firm J on August 1, 2017 for the I acceptance of the victim.