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The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The Defendant is the representative director of C Co., Ltd. who runs business of developing and distributing games.
The Defendant did not have any special profits in the above company, and was faced with financial difficulties due to the delinquency in paying the employee’s benefits and the fourth social insurance, and was willing to borrow operational funds through D, an employee of the above company.
On June 15, 2012, the Defendant made a false statement to the F restaurant located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, the Defendant: “Around June 15, 2012, through D, entering into a contract to sell I game products with C having the right to purchase to the next communication, thereby exceeding 3 billion won. If the Defendant borrowed KRW 200 million, the Defendant would pay KRW 200 million after two months. If the Defendant borrowed KRW 200 million, he would distribute part of C’s shares, and would purchase Internet-related goods purchased through G.”
However, the fact was that the conclusion of a contract to sell I’s game products with the right to purchase was not confirmed in the following communication, and it was uncertain whether C Company would be able to obtain profits from the above game products since C Company did not yet have commenced or failed to participate in commercialization, and C Company did not have any particular profits, and C Company has aggravated its financial standing to the extent of failing to pay its employees’ wages and taxes, even if it borrowed money from the victim due to the lack of intent or ability to pay its profits, even if it borrowed money from the victim due to the lack of any specific profits, the Defendant did not intend to distribute part of C Company’s stocks to the victim company, and C Company did not have any intent or ability to purchase Internet-related goods through the victim company.
The Defendant, as such, deceiving the victim, and deceiving him/her from the victim, is 18.0 million won around June 27, 2012.