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The defendant shall be innocent.
Reasons
On December 2013, the Defendant invested funds equivalent to KRW 40 million in the “C (C)”, a multi-level investment company that has been operating its main office in Hong Congo, and in C, a high-level investor holding a code (ID) registered in C receives KRW 1,450,000 per unit from a lower-tier investor and raises a lower-tier investor by proxy for registration of a code (ID) on behalf of the lower-tier investor, and C operates a business in a way that a high-tier investor who has recruited a lower-tier investor pays proceeds to the lower-tier investor in the form of Internet money (E-weit) and receives them in cash in the Republic of Korea through its head office, etc.
However, around January 2014, the Defendant came to know that it was no longer possible for the Defendant to refund Internet money, which is a profit, to do so. On February 2014, the Defendant sought the statement that the head office in Honggo, the head office in Honggo, would find out the subordinate investors, thereby allowing the Defendant to exchange 50% of the paid-in amount of the subordinate investors, which should be deposited directly into the head office.
The defendant, around April 3, 2014, at the office of the victim E in Busan-gu, Busan-do, the defendant can continuously receive profits from the victim's investment of 1,350,000 won in the C1 unit, and the defendant received the promise of the refund and the payment of profits from the head office of the red bean.
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However, even if the Defendant received the investment from the injured party, he/she was aware that he/she used the above previous investment funds or proceeds for the purpose of collecting debts or living expenses, etc., and that it is difficult to receive the proceeds from C, and thus, he/she did not have the intent or ability to make the injured party receive the proceeds.
Around April 17, 2014, the Defendant was transferred KRW 13.7 million from the damaged party to the Agricultural Cooperative Account under the name of the Defendant (F) in the name of the Defendant.