사기
The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
An applicant for compensation.
1. The summary of the grounds for appeal 1) In February and March of 2018, when the defendant was supplied with goods by the victim, it was difficult to operate the company, but there was a lot of sales revenue, and the company was normally operated by the company, and the defendant only made efforts to normally operate the company, and there was no attempt to deceive the victim or to defraud the proceeds of the goods. Therefore, the judgment of the court below which found the defendant guilty of the facts charged is erroneous in misunderstanding of facts. 2) The sentence of the court below (one year of imprisonment) is too unreasonable.
2. Determination
A. On January 2018, the Defendant issued a false statement that “PCB printed circuit board” to the victim D at the office of the Co., Ltd. in Seo-gu Incheon, Seo-gu, Incheon. The Defendant, a primary supplier, supplied them to the KCAE, the KCAF, and the KCAB, and received the payment from the company to B2B (Bi business to be done) account. It may be paid without any problem on the settlement date.”
However, in fact, the defendant's financial difficulties such as provisional attachment of bonds to be paid from the first supplier from November 2017 to the financial difficulties due to the cumulative stock accumulation, and since the total debt amount to be paid to the transaction companies could not be operated normally without urgent capital financing such as 17,37,542,00 won as of May 15, 2018, there was no intention or ability to pay the above amount even if the defendant is supplied with the above product.
The Defendant, as above, by deceiving the victim, received the PCB product totaling KRW 264,613,877 from February 2018 to March 2018 from the victim.
B. The judgment of the court below is based on the evidence duly adopted and examined by the court below, and the reason why the victim supplied the product to the defendant management agreement Co., Ltd. (hereinafter the "the company in this case").