사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal was as follows: (a) at around 2015, the Defendants acquired liabilities from the time of acquisition of the agricultural company E Co., Ltd. (hereinafter “E”) and continued to lack operating funds; and (b) around April 2016, the Defendants had a structure in which the Defendants continued to suffer losses even if there was an obligation equivalent to KRW 2.2 billion due to the fact that the Defendants had been supplied by the injured party, and the sales have been incurred.
The Defendants did not notify the victim of the status of debt, monthly sales, fixed expenses, etc., which constitutes deception in itself, and the Defendants’ failure to pay the amount of goods to the victim once because of the fact that considerable income was generated after being supplied with the ship by the injured party, etc., the Defendants are able to continue running their business and perform their obligations to the victim.
Trusted or attempted to perform the contract with the victim;
It is difficult to see it.
Therefore, although the court below acquitted the Defendants of the facts charged in this case, it erred in the misapprehension of facts.
2. Determination
A. A summary of the facts charged is a person who actually operates E in the former North Korean Office D, and Defendant B is a representative director of the said company, and is in marital relationship.
Defendant
A telephone from around April 2016 to H that operates the Victim G corporation in Daegu North-gu, Seoul-gu, to pay its price within 15 days, “I will supply cab and franchi factory necessary for the operation of the kimchi factory,” and I will be an assistant of the I representative, and I will believe that it is a kimchi factory.
In May 2016, the Defendants found the said G office together with the Defendants at the said G office, and again told H to the said purport.
However, E operated by the defendants was in excess of the debt amount of KRW 1.3 billion, and KRW 600 million, and interest on loans and company operation expenses every month.