사기
The defendant's appeal is dismissed.
1. The summary of the facts charged in the instant case states that the Defendant was the representative director of C’s Dwa Holdings (hereinafter “this case”). Around December 4, 2012, the Defendant made a false statement that “I would give approval at the 15th day and 30th day of each month if I would deliver the food materials to the victim F in the “D located in the fifth floor of the member E-Gu, Ansan-si, Sinsan-si.”
However, even if food materials are supplied, there is no intention or ability to pay the cost.
The Defendant received food materials equivalent to KRW 2,778,00 from the victim by deceiving the victim as above, and immediately by being supplied with food materials equivalent to KRW 2,497,100, and KRW 280,90,00, around December of the same month.
2. Summary of grounds for appeal;
A. At the time of mistake of facts, the Defendant was sufficiently capable of paying the cost, and the food materials supplied by the victim were intended to proceed with the events planned to do so. However, since the Defendant paid the cost of the goods from the event proceeds, there was an intention to pay the cost of the food materials to other food materials suppliers, etc. in full.
This case is merely a non-performance of civil liability because it is impossible for the victim to pay the price of supplied goods in time due to a failure of the head of the department in charge delegated by the defendant at the time of the case.
B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.
3. Determination
A. The following circumstances acknowledged by the lower court’s duly adopted and investigated evidence regarding the assertion of mistake of facts, namely, C Co., Ltd., a Defendant’s operation, purchased three floors of the E-building from CJ Construction Co., Ltd. for KRW 6 billion (hereinafter “instant building”). The Defendant was engaged in the instant database business in the instant building, and the Defendant was unable to pay KRW 5 billion of the remaining purchase price in addition to the down payment.