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Of the facts charged in the instant case, the charge of fraud is acquitted. The summary of the judgment of innocence is publicly announced.
In this case.
Reasons
Innocence (2016 Highest 2176)
1. Fraud among the facts charged in the instant case
A. On October 1, 2013, the Defendant is running a DNA oriental medicine store in Dongdaemun-gu Seoul Metropolitan Government, and the victim B is carrying out a project to grow E E-Sabling mushroom in the inside of the inside of the city.
This project is a good and promising for the profitability of the Asia.
If investment of KRW 10 million is made, an amount equivalent to the amount shall be raised, and for three months after the contract is concluded, the amount shall be KRW 100,000 per month, and then the amount shall be paid in 400,000 per month and the principal shall be guaranteed.
However, even if the defendant received the above money from the injured party, he did not intend to use it for the mushroom farming business, and the defendant's debt was equivalent to 300 million won at the time, and did not properly cultivate mushroom, so there was no intention or ability to pay the proceeds and principal to the injured party.
Ultimately, the Defendant received KRW 10 million,00,000,000 from the injured party to the Agricultural Cooperative Account in the name of the agricultural company F (State), the representative director of which is the Defendant, in total, KRW 9.5 million around October 1, 2013, and KRW 50,000,000 around October 2, 2013.
B. On November 14, 2013, the Defendant seeks to purchase and distribute the said victim’s “F Co., Ltd. with 2 tons of 5 tons” from the said victim’s farm in Overcheon-si, Agricultural Company F (State).
It is necessary to pay 20 million won for the purchase fund.
If a contract deposit is invested in KRW 5 million, the distribution profit and at least 39 professional interest per annum will be guaranteed.
“A false statement” was made.
However, even if the defendant received the above money from the injured party, there was no idea to use the money to purchase the mushroom, and there was no intention or ability to pay the profits that may be generated from the top mushroom distribution business to the injured party.
Ultimately, on November 14, 2013, the Defendant acquired 5 million won check from the injured party on November 14, 2013.
Accordingly, the defendant deceivings the victim to total of KRW 15 million.