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The prosecutor's appeal is dismissed.
Reasons
1. Although the Defendant agreed to use the instant investment funds for the purpose of the salesroom occupants at the department store, the Defendant actually used them for the company’s operating funds, such as employees’ benefits and repayment of loans, etc., and did not have any intent or ability to repay principal two years after the deterioration of the financial status of the Co., Ltd. (hereinafter “instant company”), and even though the victim or K was not well aware of the financial status of the instant company, the lower court acquitted the instant facts charged, and thus, did not err by misapprehending the facts, thereby affecting the conclusion of the judgment.
2. The summary of the instant facts charged was operated by C, which is a oral manufacturing and distribution company, from around 2009.
The Defendant, among March 2012, at the office of the Co., Ltd. in Seongdong-gu Seoul Metropolitan Government D operation, read “G”, which is a French brand manufactured in C, to the victim E and F. The Defendant may sell the amount equivalent to KRW 500 million per month at the store in the new world, new world, modern, and AK department store.
In order to enter the four-class department stores, oral sale should be secured, and if the cost of KRW 300 million is invested, the amount of KRW 2.2% (including additional taxes) of monthly sales of the shop store in the department department store event or KRW 300,000 per month shall be paid as monthly investment revenue, and the principal amount of KRW 300,000 shall be paid after two years.
“The phrase “ was false.”
The facts are as follows: (a) Company C needs to provide funds, such as monthly office rents and factory rents; (b) monthly income of KRW 100,000,000 of the Industrial Bank of Korea; and (c) monthly income of KRW 7,00,000 of the loan interest that exceeds KRW 100,000 per month; and (d) some loans, such as the Industrial Bank of Korea and the IBK Capital, are subject to pressure on partial repayment of loans for extension due to maturity maturity; (b) however, C’s oral direct management is required.