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Defendants are not guilty.
Reasons
1. The Defendants informed of the fact that a construction business entity temporarily needs short-term funds to meet the standards for registration of a construction business every year, and conspired to receive fees under the pretext of granting a short-term loan to a construction business entity and issuing a certificate of deposit balance, notwithstanding the absence of intent or ability to issue the certificate of deposit balance.
Accordingly, on December 201, 201, the Defendants stated that “The Defendants would deposit capital of KRW 700 million into the account in the name of E corporation and issue a balance certificate of the account to the account to meet the construction business registration standards if the Plaintiff, from the corporate bond office operated by D in the 9th floor of Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, Seoul Metropolitan Government Office for the purpose of construction business, is the victim F, a corporation operating the E company for the purpose of construction business.”
However, the defendants did not have any intention or ability to issue a balance certificate after they lent the amount of 70 million won capital to the victim or deposited the amount of 700 million capital to the victim's company account.
Nevertheless, the Defendants, as seen above, by deceiving the victim, received KRW 5.6 million in cash from the victim on the same day. On January 3, 2012, the Defendants acquired KRW 22.4 million in total after receiving KRW 28 million as if they were deposited in the agricultural cooperative account in the name of the NA Co., Ltd. in the above place.
2. In full view of the following circumstances, it is insufficient to recognize that the Defendants, as stated in the facts charged, had the victim through deception or deception, by comprehensively taking account of the evidence duly adopted and investigated by this court, and there is no other evidence to acknowledge this otherwise.
(1) Defendant A shall be construed as “Defendant A”.