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The defendant shall be innocent.
Reasons
1. Around April 2, 2012, the Defendant stated that “The Victim G shall be allowed to attract 18 billion won to the passbook in the name of the head of the Tong in the name of the company H and execute it with the acquisition fund of the company around April 12, 2012,” at the F office in Gangnam-gu Seoul, Gangnam-gu.
However, the fact was that the defendant had no intention to attract funds to be executed by the victim as the acquisition price of the company, and was a plan to temporarily attract funds to the passbook in the H name, and received money from the victim as a fee, and then immediately deducted the funds from the victim.
Around the 5th day of the same month from the victim by deceiving the victim as such, the Defendant received KRW 300 million from the first floor of the J Center located in Seocho-gu Seoul Metropolitan Government as a fee for attracting.
2. Determination
A. The Defendant and his defense counsel asserted that the Defendant and his defense counsel had the intent and ability to attract funds of 18 billion won, and in fact attracting funds of 18 billion won. Moreover, collecting funds kept on April 10, 2012, under the Financial Inducement Agreement, H agreed to recover funds if the MOU contract with K is not concluded by the date of April 10, 2012, and H did not perform the duty stipulated in the said agreement by April 10, 2012, and they denied the crime of defraudation.
B. The following facts are acknowledged according to the Defendant’s legal statement, the witness G’s legal statement, the police statement on M, the copy of the contents of the request for financial services, the cashier’s checks, the copy of the passbook, and the each entry of evidence Nos. 2 through 6.
(1) On January 2012, 2012, the Korea Development Bank Co., Ltd. (hereinafter referred to as the “L”) entered into the M&A market with lots, and the business affairs related to the above merger and acquisition were in the week by K Co., Ltd. (hereinafter referred to as the “K”), and the procedure for selecting a person eligible for preferential purchase is under way. Accordingly, the K Co., Ltd. (hereinafter referred to as the “H”).
complainants who were directors of L.I.D.