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Defendants are not guilty.
Reasons
1. The Defendants alleged in the facts charged that the Defendants continued to engage in money transactions at the time of February 2014, and that Defendant B promised to take part in Defendant B’s operation as a member of the victim E and to receive a guidance, and Defendant B promised to pay the money in this case.
After February 2, 2014, Defendant A, who was well aware of the victim E from Seongdong-gu Seoul Metropolitan Government around February 2, 2014, changed the sequences No. 21 to join the 50 million Won or more as a fraternity of the 21st unit that he/she seeks to organize and operate his/her inner body. In this context, Defendant A has analyzed the operation of the 50 million Won or more and has self-sufficiency, and thus, he/she will pay the payment without problem.
Defendant A, as a member of the main fraternity, made a false statement, and was committed as if he/she had the obligation to pay the accounts.
However, at the time of February 2014, Defendant B operated the clothing factory in Seoul at the time of Seoul, and was required to pay 20 million won or more as monthly personnel expenses, and was required to pay 60 million won or more as financial institutions, and even if Defendant A was paid 30 million won or more from the injured party, it was difficult for Defendant A to pay the paid amount normally. Defendant A was well aware that the above B’s financial status was not good at the time of February 2014, where Defendant A was unable to pay 60 million won or more as the financial right debt and personal debt 20 million won or more, and Defendant A did not have an intent or ability to pay the paid amount normally to the injured party.
Nevertheless, the Defendants: (a) deceiving the victim as above and obtained the sequences Nos. 3, 9, 10, and 11 from the victim; and (b) transferred KRW 1,150,000 to the Defendant’s account under the name of Defendant B on May 27, 2014; and (c) KRW 10,000 to the B account under the name of Defendant A on November 25, 2014; and (d) KRW 7,100,000 to the same account on November 26, 2014.