사기
The defendant is innocent.
1. The summary of the facts charged is as follows: (a) the Defendant is running a business to manufacture blicking bedclothess, such as “C”
On June 30, 2011, after the closure of business was reported by pressure of funds due to debt, the business was prepared again, but business performance was low, while many funds were required to resolve existing debts, factory operation expenses, etc., and even if it was sold after being supplied with stones from the victim D (the 56-year-old and South) with an electric power panel, there was no intention or ability to pay the price to the victim.
Nevertheless, on November 1, 2011, the Defendant was issued 100 copies of the Defendant’s Management F plant located in Gyeonggi-si, and the Defendant’s wife G, to supply the Defendant’s electrical team to the victim through the Defendant’s wife, and immediately manufactured and sold the electrical team. As such, the Defendant deceiving the victim as if he would settle the price, and then the Defendant was issued 100 copies of the nuclear power team in the amount of KRW 2,400,000 from the victim’s market price.
2. Whether the crime of fraud is established through deception in the transaction of goods on the market shall be determined by whether there was an intentional intent to acquire goods, etc. from a victim by means of falsehood as if the victim would pay the price of goods to the victim although there is no intention or ability to repay the price of goods as of the time of transaction;
(see, e.g., Supreme Court Decision 2007Do10416, Feb. 28, 2008). In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, it does not seem to have been proven without any reasonable doubt that the Defendant had the intent to acquire it.
Defendant
In addition, the Defendant’s wife (the Defendant’s wife appears to have operated a protruding business together with the Defendant’s wife; hereinafter the above two names are referred to as “the Defendant’s wife”) from around June 1999 to the J in Songpa-gu Seoul, Hanam City I, etc., and the victim transferred the place of business to the J around June 201.
From the time of the above transfer, this case.