사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below which found the defendant guilty of the facts charged in this case without deceiving the victim company was erroneous.
2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the Prosecutor applied for permission to amend the Bill of Indictment with the purport that “on the last day of the next month following the continuous supply of parts, and on the last day of the next month, 50 million won out of the present outstanding amounts shall be settled until December 25, 2014.” The portion of “on the part of the previous outstanding amount shall also be settled until December 25, 2014.” The portion of “on the face of the continuous supply of parts, the settlement will be made as of the last day of the next month,” and the judgment of the court below was modified by permitting it and thus, it cannot be maintained any further.
However, although the judgment of the court below has the above reasons for ex officio destruction, the defendant's assertion of mistake of facts is still subject to the judgment of the court.
3. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the lower court may recognize the Defendant’s deception of the victim company.
Therefore, the defendant's assertion of mistake is without merit.
① On June 2014, E, an employee of the victim company, stated to the effect that the Defendant would pay for the amount of goods supplied to him/her as at the end of the following month.
(E) On July 30, 2014, when the payment of the existing goods was returned to the Defendant and the Defendant again returned to the Defendant, the E stated that the same promise was received from the Defendant even around July 30, 2014). (2) As regards the supply price that was investigated by the prosecution, the Defendant recognized that the payment was approved in cash on the last day of the following month.
The defendant shall pay the supply price that he supplies to the prosecution in cash at the end of the following month and this shall apply.