특정경제범죄가중처벌등에관한법률위반(사기)
The prosecutor's appeal is dismissed.
1. In light of the defendant's financial history, business ability, process of transaction, etc. at the time when the defendant delivered goods from the complainant, the court below acquitted the defendant of the facts charged of this case, despite the fact that it is clear that the defendant did not have the ability to pay the goods at the time and that there was a criminal intent to acquire by deception, the court below erred in the misapprehension of facts which affected the judgment.
2. Summary of the facts charged, the defendant's lawsuit and the judgment of the court below
A. The summary of the facts charged is the person who uses the position of the president of the above company as the actual manager of (State)E located in Kim Jong-siD.
On January 23, 2010, the Defendant supplied the goods to the complainants on June 2010, 2010 after the increase in the demand for PED supply in preparation for the local election files. The Defendant paid the price of the goods to the complainants.
"A contract to import 100 electric display sets on the same day" was concluded, and around March 2, 2010, a contract to import 360 electric display sets additionally was entered into.
However, the Defendant was in arrears with wages and retirement allowances exceeding KRW 150 million, and even if the amount of debt exceeds the total amount of KRW 6.25 million, even if the amount of debt exceeds the amount of debt equivalent to KRW 540 million, the Defendant did not have any intent or ability to pay the amount of goods to the complainant, as it did not secure any transaction partner who can sell or lease the imported LE electronic displays, and thus did not have any intent or ability to pay the amount of goods to the complainant.
From April 13, 2010 to May 26, 2010, the Defendant, by deceiving the complainant as above, received 302 bit electronic displays equivalent to the sum of USD 1,175,891 (1,328,756,830, and KRW 1,130 per$1,000 from around April 13, 201 to around May 26, 201, 10, 200, 228 feet, 120 feet, 24 feet, and 130 feet.
(b) the defendant;