특정경제범죄가중처벌등에관한법률위반(사기)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that E Co., Ltd. (hereinafter “E”) entered into the first goods supply contract and paid KRW 148.5 million out of the amount of goods paid by the Victim F Co., Ltd. (hereinafter “victim”) to H Co., Ltd. (hereinafter “H”), but H failed to perform its contractual obligations properly. Therefore, there was no reason to pay KRW 475.2 million out of the amount of goods paid by the victimized Co., Ltd. as the amount of the second goods supply contract.
Therefore, the Defendant paid KRW 475,200,00 to H is for pretending that E received normal parts from H and supplied OK finished finished products to the victimized company. Therefore, the Defendant was aware of the fact that E does not have the ability to deliver OK finished products to the victimized company from the beginning.
Nevertheless, the court below erred by misapprehending the fact that the defendant cannot be deemed to have entered into a goods supply contract with the victimized company with knowledge that he/she was incapable of delivering OK finished products and received the goods price.
2. Determination:
A. The lower court determined that it is difficult to recognize that the Defendant entered into a goods supply contract by deceiving the damaged company and received the amount equivalent to the price for the following reasons, even though the Defendant did not have the ability to deliver OK finished products.
The decision was determined.
1) E purchased chips sets which are core parts necessary for the production of finished products and entered into a consulting contract with a view to obtaining national security certification for chips sets.
The quantity of chips ordered by E is consistent with the quantity of the finished product ordered by the injured company, and KRW 1485 million for the chips purchased by E is about 41% of the price paid by the injured company in accordance with the primary goods supply contract.
E is the development cost of a vehicle GPS program that is unrelated to the production of ‘OK' finished products even though the above KRW 360 million is KRW 60,500,000,000.