사기
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Summary of grounds for appeal;
A. In light of the fact-misunderstanding and legal principles, at the time when the Defendant received semiconductor parts from the injured party, the victim was aware that it is difficult for the victim to use the funds of the I Co., Ltd. (hereinafter “I”) operated by the Defendant.
In addition, I concluded a CCTV export contract with SPEC company in the U.S. and entered into a CCTV export contract, and the actual sales occurred, and received the price for the goods from SPEC company and paid the price for the goods before the case to the victim.
The defendant was unable to pay the price of supply of this case to the victim on the wind that the bank does not extend its own lending period.
In light of these circumstances, there was no criminal intent or deception of the defendant at the time of receiving semiconductor parts from the injured party.
Although it is reasonable to see the facts charged in this case, the court below erred by misunderstanding the facts and misunderstanding the legal principles.
B. The sentence sentenced by the lower court to the Defendant (six months of imprisonment and one year of suspended sentence) is too unreasonable.
2. Determination
A. The summary of the facts charged in the instant case is a person who served as a representative director of the I, Hacheon-gu H Hacheon-gu, Busan.
On July 2012, 2012, the Defendant: “If semiconductors entered into CCTV in our company for export orders are required and parts are sent, the supply price shall be paid within two weeks” to the Victim K, which is operated by the J (hereinafter “J”) at the first patrolman office, and the same year.
8. 22. Drafting this purport in the name of two companies with a good supply agreement and a letter of undertaking.
However, the defendant was maintained at the time.
I had a financial and commercial obligation of KRW 4 billion and had been in arrears with employees' pay-off time, and it is operated by a victim who has difficulties in managing semiconductors, such as the purchase of semiconductors.