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The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The summary of the grounds for appeal was presented by the Defendant at the time of the instant case, by fully gathering the fact that the Defendant had no ability to repay the principal and interest normally even if he had closed down the export business and received more investments, and by the C’s request, that the Defendant would be able to make a profit by investing in the Plaintiff’s business. However, the judgment of the court below that recognized the Defendant, even though he was well aware of the above facts, by deceiving the victim with C, obtained the investment money from the victim by deceiving the victim, is erroneous, and even if not, the judgment of the court below is too unreasonable.
2. Determination
A. From September 2009, the Defendant and C, from around September 2009, invested funds, and C was in charge of purchasing and exporting used cars, etc., engaging in a used cars trading business. On September 2010, the Defendant and C, upon closing down a used cars trading business, had the Defendant deceiving other investors to collect the money invested by the Defendant.
On October 29, 2010, the Defendant made a false statement to the victim E at the Defendant’s house located in Busan Dongdong-gu Down-gu 403, that “C has used to purchase used cars and sell them to foreign countries, and if it has invested KRW 35,00,000, it would pay 7% of the profits every 45 days if it invests KRW 35,000.”
However, in fact, the Defendant and C had already closed down a used vehicle sales company that had been operated until September 2010, and even if having received investment funds from the victim, it was thought that they would be used to repay the principal and interest of investment to the previous investors including the Defendant, but did not intend to use it as a used vehicle purchase fund. C had no ability to pay the principal and interest of investment normally to the victim by reaching KRW 40,000,000, credit card overdue charge amounting to KRW 40,000.
Nevertheless, the Defendant and C.