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1. The defendant is not guilty; 2. The defendant shall dismiss an application for compensation filed by the applicant for compensation.
Reasons
1. From December 2011, the summary of the facts charged, the Defendant made a false statement to the effect that “G” coffee shop in front of the latter part of the “F Hospital” located in Seongdong-gu Seoul (Seoul) and “A victim D is performing asset management while serving as a current Korean-style securities employee, and makes an investment in stocks by obtaining advice from the head of the division managing the degree of KRW 700 million at the same office, and raising a profit of at least 10% per month while investing in stocks. (b) The Defendant shall guarantee the principal of the investment, guarantee a profit of at least 10% per month, guarantee a profit of at least 10% per month, and pay a profit with personal property if he/she does not
However, in fact, the Defendant received money from the victim and took part in the repayment of other borrowed money. At the time, the Defendant worked as an insurance solicitor commissioned by H University economics division and Korea Life Insurance Co., Ltd. at the time. Since October 201, the Plaintiff merely borrowed KRW 25,200,000 from the university line I and made an individual investment by lending KRW 8 million from the J, which is the follow-up of the society. Therefore, even if the Defendant received money from the victim under the pretext of stock investment, there was no intention or ability to guarantee the principal like the promise or to guarantee the profit of at least 10% per month.
In addition, the defendant did not have any intention or ability to pay more than 10% of the monthly investment amount as personal property because there was no particular property or income.
Nevertheless, around January 14, 2012, the Defendant, by deceiving the victim, received cash KRW 40 million from the victim at the “L” coffee shop located in Seongdong-gu Seoul, Seongdong-gu Seoul.
In addition, from around that time to June 11, 2012, the Defendant received a total of KRW 303,55,000 from the victim or acquired money by remittance through 12 times in the same manner as the list of crimes in the attached Table.
2. Determination of fraud is another person.