사기
The defendant shall be innocent.
1. The summary of the facts charged is that the Defendant did not have the intent or ability to pay the price even if he/she is supplied with the Han-gu main household from the victim C (hereinafter “victim”). However, on January 24, 2015, the Defendant entered into a verbal contract with the victim E and the employees of the victim company of Gangnam-gu Seoul Metropolitan Government where the main household is installed in order to supply the main household equivalent to KRW 9,268,900,000 to E and completed the contract by paying the down payment of KRW 3 million around February 2, 2015, the Defendant paid the goods to E and completed the payment of the remainder and the due date of the delivery of the goods by adding the total of KRW 7,468,900,000,000 for additional services, warehouse expenses, and 1200,0000,0000,0000 won for storage, and completed the contract by around February 24, 2015.
Accordingly, the Defendant, by deceiving E, who is an employee of the victim company, was taking property benefits that would be exempted from the payment of the price of delivered goods to the head of the household.
2. In the transaction of goods, the establishment of fraud by deception shall be determined by whether there was an intentional intent to defraud the goods, etc. from the injured party by making a false statement as if the injured party would repay the price of goods, although there is no intention or ability to repay the price of goods to the accused as of the time of the transaction. As such, it is impossible to repay the price of goods with a change in economic conditions after the delivery
On the other hand, it shall not be deemed a crime of fraud (see, e.g., Supreme Court Decision 2005Do7481, Nov. 24, 2005). The following circumstances revealed by the evidence adopted and investigated by this court, namely, the Defendant received the principal household from the victim company on July 2, 2014 and completed the change thereof, and the Defendant paid the victim company the amount of KRW 100,000,000 on February 2, 2015, and KRW 100,000 on April 10, 2015, and KRW 300,000 on April 20, 2015, and the Defendant received the payment from the place where the order was placed.