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The defendant is innocent.
Reasons
The Defendant of the facts charged in the instant case is operating the “C notarial Office” located in Ulsan-gu B on January 26, 2016, which is located in Ulsan-gu, Seoul-gu, to the victim D, “A corporation operating the e, which supplies consumed materials to the Korean hydroelectric power plant, nuclear power plant, and thermal power plant, with managerial difficulties.
If 100 million won is invested, 50% of the profits shall be paid after the settlement of accounts each year.
If funds are secured to the extent that it does not impede the operation of the company, the invested amount shall be preferentially returned when the contract is renewed.
“A false statement” was made.
However, the Defendant Company E (hereinafter “Defendant Company”) operated by the Defendant had no intent or ability to pay the principal of the investment to the victim as well as the amount of monthly income from April 2015 to January 2016, 2016, even if the monthly average monthly income was paid in KRW 8 million. Since the amount of additional tax imposed on the Company E was excessive and capital deficit to the extent that it is not possible to continue to pay KRW 24 million, the amount of investment from the victimized person is bound to be used to preserve the chronic deficit. At the time, the Defendant had no intent or ability to pay the principal of the investment to the victim, and the Defendant did not have any intent or ability to pay the principal of the investment to the victim due to the lack of any intent or ability to use the remaining debt 8,000,000 won in the fraudulent loan loan case, and thus, the Defendant did not have any financial obligation or ability to return the principal of the investment to the existing Defendant Company due to the nonperformance of the Defendant’s personal obligation and the financial obligation of the Defendant.
Defendant deceiving the victim as above and was delivered KRW 100,000 from the victim on January 26, 2016 by the notarial office at the above C notarial office as investment money.
Judgment
The relevant legal principles are subjective of fraud.