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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the facts charged is a person who runs a secondhand prize with the trade name of “E”.
(1) Fraud (1) on April 2010, 2010, the Defendant concluded that on March 3, 2010, 150 million won, the Defendant would pay the victim F at any time at a distance prior to the Mandong-gu Seoul Special Metropolitan City, Yandong-gu, Seoul Special Self-Governing Province with interest on five (5) installments if he/she lends money to the victim F.
However, the Defendant was a bad credit holder, and was unable to purchase goods due to the lack of money to purchase goods at the time, and even if the Defendant borrowed money from the victim due to lack of means of repayment, there was no intention or ability to repay the money at any time at the time when the victim requests.
Accordingly, the defendant deceivings the victim and is subject to the same year as a loan from the victim.
4.2.Around the 5th day of the same month, a sum of KRW 150 million, which is KRW 94,000,000,000 and KRW 56,000,000, were acquired.
(2) On October 201, 201, the Defendant entered into an agency management contract with the victim F at the “E office” office located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, in the operation of the Defendant on August 8, 2011, with the purport that “When the agent is paid 70 million won from the present E agency operator and the agent is completed, the agent will enter into the agency management contract, and the agent will pay 5 million won equivalent to 10% of the deposit monthly. The deposit will be returned at any time at the time of desired.”
However, in fact, from August 6, 2011, the Defendant delayed the payment of the fixed price to many “E” agents, including H, from around August 6, 2011, and even if the Defendant received the deposit from the victim due to no other person with bad credit standing, he/she did not have any intention or ability to return the deposit or to pay the profit.
The Defendant, as such, deceiving the victim and deceiving him/her from the victim, on or around September 1, 201, constitutes a security deposit.