The defendant shall be innocent.

1. The Defendant, at around October 2017, made a return of the principal and profits to the Victim C (Woo, 43 years of age) (hereinafter “Woo”) in Goung-gun Bridge, Goung-gun, 2017, to the effect that “The Defendant is a person who has a natural village in the sea and would reduce the 15% of its profits if the sea glavers are ging off the sea.

‘False speech' was made.

However, in fact, the Defendant was unable to make a profit from the business, and the amount received from the injured party was thought to be returned to other investors, so even if he received the investment from the injured party, he did not have the intent or ability to return the principal and profit.

The Defendant received KRW 70,00 from the damaged party on December 6, 2017, via the Agricultural Cooperative Account (Account Number: E) in the name of D on December 6, 2017.

Accordingly, the defendant was given property by deceiving the victim.

2. Comprehensively taking account of the following circumstances revealed by the judgment records, the documents submitted by the prosecutor alone that the defendant acquired the investment money from C without the intention or ability to return the investment money.

It is insufficient to recognize.

① Upon receipt of the proposal from the Defendant, C invested KRW 70 million in December 2017, and invested KRW 70,000 from the Defendant. At the time, specific investment returns or the principal repayment period is not deemed to have been clearly agreed (C and the Defendant did not prepare an investment agreement, etc. regarding the instant bio-investment). As such, the risk inherent in the nature of the bio-investment, and C appears to have been aware of the risk of the investment.

② At the time of receiving investment from C, the Defendant had a fishing right and a right to gather shellfish in relation to fishing ground F, G fishing ground, G fishing ground, G fishing ground, and G fishing ground, etc. in the South and North Sea-gun.

3. The Defendant, upon receiving a large-scale survey from the police, was engaged in the work of collecting booms in the H village in Gyeongnam-gun, Namnam-gun, and the fishermen’s resistance was suspended and the amount of investment was returned to C.