사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
1. The summary of the grounds for appeal (misunderstanding of facts) was the criminal intent of deceiving the accused at the time of the instant case.
Before trading with the victims, the Defendant had already borne a large amount of obligations against the existing clients, and continued to use high-rate bonds from the lending company.
In particular, the Defendant continued to request the victims to pay the original amount even though it is impossible for the victims to pay the original amount because most of the proceeds from the sale of the original amount received from the victims to the loan companies.
The defendant suffered a lot of damages due to defects in the original body delivered by the victims, and caused difficulties in the factory operation due to provisional attachment measures by the victims, and did not pay the original amount.
However, the defendant's assertion is difficult to believe in light of the following facts: (a) the defendant submitted only data to prove damage from delay in delivery equivalent to approximately KRW 600,000,00 which the defendant was requested by the investigative agency to submit objective data according to the above argument; (b) the defendant did not request the victims to return the original body and produced and sold the product; and (c) the defendant's unpaid original body price reaches KRW 450,000,000 and failed to pay it at all during the trial process.
2. The summary of the facts charged is the person who has been engaged in the clothing manufacturing business in the trade name of E from the 2, 3rd floor of the Seoul Jung-gu D Building.
In fact, the Defendant had no particular property at the time of commencing the transaction with the victim F, the victim G, while the price for the goods not paid to the clothing processing company, etc. reaches approximately KRW 300 million, and had already supplied the original part of the goods to the Defendant before doing the transaction with the victims.
The price of goods that was not paid to H has already been KRW 380,000,000,000, and the principal and interest has been repaid by lending the amount of KRW 15,00,000 from the loan company around March 2014.