The defendant shall be innocent.

Punishment of the crime

The Defendant, who worked in E Co., Ltd. (hereinafter “E”), a consulting company for auction whose representative director is D, recruited investors by creating an investment club called “F,” along with D, which is a “representative director,” and recruited investors. The Defendant, knowing that the “G Medical Foundation H Hospital” was seeking investment sources for business normalization, solicited F members I to invest in the H hospital of the G Medical Foundation, but the Defendant solicited the victims of the investment club to refuse to make an investment, thereby obtaining money from the victims for the purpose of borrowing money.

At around 20:00 on October 25, 2013, the Defendant made a false statement to the effect that “The Defendant would make a temporary loan of KRW 200 million to the victim to the G Medical Foundation H hospital in the nature of the E, because there are no circumstances in the circumstance that the Defendant would temporarily make an investment in the G Medical Foundation H hospital in the 7th floor of K department store located in Dongdaemun-gu Seoul Metropolitan Government.”

However, at the time, E was under operation with the sole receipt of investment from an individual investor in the state of absence of one’s own capital, and there was a clear possibility of success in the existing investment scheme, and even if the investment is successful, it was difficult to repay principal and interest within two months even if it was given money from the victim due to the situation in which the principal and interest should be returned to the investor. Since H was in the situation in which H was seeking the investment scheme due to the aggravation of financial status, it is anticipated that the management normalization should take a considerable time, and thus, it was not possible to repay money to the victim within two months through the management normalization. The above hospital was required to obtain a resolution of the board of directors and the authorization of the competent administrative agency in order to dispose of basic property due to the medical foundation, but the resolution of the board of directors and the permission procedure of the competent administrative agency was not in progress at all.