사기
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The gist of the grounds for appeal is as follows: (a) the Defendant, who was well aware of the fact that he was unable to pay the price for the goods from the J operating P, was accused of fraud; (b) requested the Defendant to make a false statement to the investigative agency as if he was supplied goods from D (hereinafter “D”) and did not pay the price; and (c) the Defendant made a statement to the investigative agency for the aforementioned purport.
However, the Defendant did not receive traffic cards, etc. from D as stated in the facts charged.
2. Summary of the facts charged in this case and the judgment of the court below
A. A. Around June 27, 2016, the summary of the facts charged in the instant case: (a) around June 27, 2016, the Defendant was ordered to pay the graphic card, etc. to E, an employee of the victim, despite having no intent or ability to pay the graphic card, etc. even if the Defendant was supplied with the graphic card, etc. from the victim D; (b) the Defendant received the 34,212,50 won of the MF card, etc. on the same day from the victim; and (c) on June 30, 2016, the Defendant acquired the graphic card, etc. from the victim; (d) around June 30, 2016, the Defendant got the above place to pay the graphic card, etc. even if the Defendant was supplied with the graphic card, etc. from the victim D, despite having no intent or ability to pay the graphic card, and then acquired the graphic card, etc. from the victim’s employees.
B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence in its judgment.
3. The following shall be recognized by the records of the decision of the court: