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The defendant shall be innocent.
Reasons
1. The summary of the facts charged at around July 2010, Defendant A served as the director of a branch office in the future three life insurance Co., Ltd. and Defendant D as an asset management manager of the above branch. At that time, Defendant A had intended to use the funds for personal purposes, such as investment of stocks, even if they received an investment through Defendant D. Thus, Defendant D had no intent or ability to guarantee the principal of the investment, and to pay interest of 8% per annum to Defendant D with interest of 8% per annum. Thus, Defendant D asked Defendant D to the purport that “I would introduce a person who will make an investment to guarantee the principal, pay interest of 8% per annum,” even if Defendant A received the funds through Defendant D’s personal purposes, such as investment of stocks, which are not a trust product managed by Defendant C, but an investment company in the future life insurance company, but did not offer the funds to the victim’s future investment in the life insurance company, and thus, Defendant D did not offer the funds to Defendant A’s future investment in the life insurance company.”
As such, the Defendants conspired to induce the victim and then received 50 million won from the victim to the future deposit account in the name of F on the same day.
2. The defendant's intention of deception by omission is that is, the intention of deception.