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The defendant shall be innocent.
Reasons
1. On November 2012, the Defendant entered into a contract on supply of nives and rice nives to the victim E operated by the victim D in the Seoul Gadong Agricultural and Fishery Products Wholesale Market.
The purpose of this study is to make a factory and produce rice stuffs and supply them to (ju) low-water plants, and to make a factory obtain money.
A 3-year rice-state plant may be listed, and if so, 50 times rice-state plant may be profits.
“.....”
However, even if the defendant received money from the injured party, he did not have the intention or ability to operate a rice-related plant.
Nevertheless, on December 17, 2012, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 60 million to the Agricultural Cooperative Account (F) in the name of the Defendant on December 17, 2012; and (c) obtained transfer of KRW 40 million to the same account on January 23, 2013, and acquired KRW 100 million in total.
2. Determination
A. Comprehensively taking account of the evidence duly adopted and examined by this court, the following facts can be acknowledged.
① Around November 201, G and H agreed to operate a rice-related plant by investing the technology of H around November 201; G in the amount equivalent to KRW 700,000,000, and after G paid 150,000 won as the contract deposit for the purchase of machinery on the spare machine around June 2012, G and H became to find investors.
② The Defendant was G’s punishment, upon receiving a request from G to attract investors, and upon receiving a request from H to explain the victim, who had been aware of before H, about a rice State-owned business as described in the facts charged, and requested investment. The victim confirmed that a contract was concluded between H and H with the content of a product transaction with the content that H would deliver a rice State-owned product to H for a period of three years between H and H, by calls to H, from H, she invested KRW 100 million.
③ On November 27, 2012, the Defendant, G, etc. entered into a factory lease agreement with the deposit amount of KRW 600,000 per month in Gwangju City.