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The accused shall disclose the summary of the judgment of innocence.
Reasons
1. On October 2010, the Defendant stated that “G project (hereinafter “project”) and H are being promoted at the office of the Defendant, Co., Ltd. (hereinafter “E”) operated by the Defendant located in Gangnam-gu Seoul Special Metropolitan City (hereinafter “E”), and 60-70% was already underway. As a part of the server and production cost is required, if 30 million won are invested, the Defendant began receipt within one year and would make half of the profits after the program’s completion.”
However, in fact, the defendant did not have the intent or ability to start the receipt within one year using the full amount of the investment fund in the project and pay half of the funds because he did not have the intention or ability to use it in the project, even if he received the investment fund from F due to the shortage of funds.
Nevertheless, the Defendant received a total of KRW 23,168,00 from F to E account as investment money, and received KRW 233,168,000,00 from F on December 3, 201, KRW 123,168,00 as December 15, 201, and KRW 60,000 as January 3, 201.
2. The key issue is whether the Defendant intended to use the investment funds for the project at the time when the Defendant received the investment funds from F (whether there was an intention or ability to pay half of the proceeds arising from the process of the project to F).
3. According to the records, on August 31, 2010, the Defendant: (a) expressed in the manner that “one right of investigation records” is “one right” as indicated in the evidence list; (b) was prepared on October 5, 2010 from SBS S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S SS on November 5, 201; (c) entered into a business contract with the Defendant on the same business with the Defendant (186-97 pages); and (d) the Defendant was introduced through L to F on September 8, 201 (1:14, 173); and (e) the Defendant and the Defendant’s EF written on December 15, 2015-8.