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The defendant shall be innocent.
Reasons
1. On April 2013, the Defendant charged with the instant charges at C Office in Gangnam-gu Seoul Metropolitan Government (8th floor of building B in Gangnam-gu), the victim D, who is an employee of the Defendant company, is promoting the merger with the listing company, and the money is needed.
It is possible to get a big profit when the listing company's acquisition is merged, so if the listing company lends money to B, it will return the profits to the principal after the merger of the listing company.
“.....”
However, at that time, Defendant 1 attempted to use money as a stock investment fund, etc. even if he borrowed money from the injured party, and did not intend to use money for the merger of listed companies. Even if the acquisition of listed companies was conducted, there was no intention or ability to pay the principal and profit of the money borrowed from the injured party after making a short-term profit through the merger of listed companies.
Nevertheless, the Defendant, as mentioned above, received the total sum of KRW 80 million, including KRW 50 million from the victim on April 15, 2013, and KRW 30 million on April 16, 2013, from the victim to the E bank account in the name of the Defendant.
2. Determination
A. The Defendant’s assertion and D had a relationship with the Defendant at the time. D’s studio apartment house, which was acquired by D from F to F, was narrow and far from the company, and the Defendant obtained an officetel near G at his own expense. In this process, if the Defendant, at his own expense, was entrusted to the Defendant, who personally invests in the stocks, he would have received the Defendant’s investment in the stocks to pay the profits by making the investment in the stocks. Since the stock market was omitted, the loss incurred after the stock market was changed, and the company, which was engaged in travel business due to the incident of the Sewol ferry and the Mars situation, did not return the instant money, but did not make the statement to D as stated in the facts charged, and there was no intent to acquire the stocks.
B. The Court has duly adopted the judgment.