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Defendants are not guilty.
Reasons
1. The summary of the facts charged is as follows: (a) while operating the F Office in Seocho-gu Seoul Metropolitan Government E-building 732, the Defendants heard that the victim G and his/her partner, H and I (hereinafter “victim, etc.”) sought funds with respect to the business of the J sports center while there was no performance of loan brokerage, and the office operating expenses are insufficient; and (b) as if the victim, etc. could receive funds from the sports center, the Defendants conspired to use funds as operating expenses, etc. after receiving business promotion expenses as
On March 201, Defendant B made a false statement that “The victim, etc. will raise the amount of 16 billion won for the business required for the J Sports Center project in relation to the business of Seongbuk-gu, Seoul, and six parcels of land outside Korea, and then changed the down payment to KRW 100 million. If we are unable to comply with the promise, we will return the down payment along with 10% of the damages.” Defendant A made a draft of the “written “written financial consulting service contract” stating the above contents, and Defendant A interfered with the law lawyer L who will act for F in order to trust the victims, etc.
However, the defendants did not have any experience in raising large amounts of funds while operating F, and there was no specific property method, so there was no intention or ability to raise 16 billion won to the victims, etc. for business funds within one month like the promise.
Nevertheless, around March 22, 2011, the Defendants concluded a contract with the victim, etc. on the ground of the lawyer L at the above F Office, and concluded a contract with the victim, etc. on the ground of the lawyer L, as if the Defendants were to be able to raise the business fund of 16 billion won even if the bank was closed, and as such, the Defendants deceiving the victim and immediately received KRW 100 million from the victim via the attorney L who was carrying out the contract deposit.
As a result, the Defendants conspired to deception the victim and acquired KRW 100 million.
2. To legally adopt relevant facts in this Court.