사기
The defendant shall be innocent.
1. The summary of the facts charged in this case is that the Defendant is the representative director of D Co., Ltd., and the fact did not intend or have ability to pay the price even after receiving the construction materials from the victim E Co., Ltd., on October 14, 2013, when he supplied the amount equivalent to KRW 24,224,200 of the EPS block 286 market price to the staff in charge of the victim Co., Ltd in charge of the headquarters located in Seocho-gu Seoul Metropolitan Government on October 14, 2013.
2. In light of the following circumstances, the evidence submitted by the prosecutor’s office alone led the Defendant to a staff member of the victim company, in view of the following circumstances that are comprehensively acknowledged as a whole, such as a single studio, a witness G’s legal statement, a witness H, I’s statement in the third protocol of trial, a written request for order (Evidence Nos. 34 and a evidence Nos. 1 through 7 submitted by the Defendant:
It is difficult to see that there is a criminal intent to acquire fraud or to prove it without reasonable doubt, and there is no other evidence to recognize it.
① The Defendant, the representative director of the corporation, has exceeded KRW 100 billion in annual sales, and only KRW 300 million in monthly salary for employees. As to the receipt of construction materials equivalent to approximately KRW 24 million necessary for the construction ordered by the above-mentioned company, the Defendant, the representative director of the corporation, appears not to participate in the business, and even according to the written request for ordering, the above order for the EPS block is an officer’s discretionary decision.
② The victim’s employees H also made the same remarks as indicated in the facts charged from G, a staff member in charge of D Co., Ltd., and did not directly have any facts from the Defendant, and upon concluding a contract, requested the delivery and payment of the price.