The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The misunderstanding of facts-finding evidence report (written statement of reference witness) and the written statement prepared by the police of F (written statement of investigation record No. 85) are inadmissible as each of the full text and the second full-time statement.

The non-existence of a crime committed by the Defendant established B (hereinafter “B”) with the investor M, etc., but at the time of the instant case, there was only a fact that the Defendant engaged in practical affairs, such as negotiations to receive goods from the victim E (hereinafter “victim E”) and explanation of the business, etc. In December 2, 2012, the Defendant requested the J as the representative of the victim E (hereinafter “J”) to provide support with cash and actively support with the goods. The Defendant was in the entirety of the goods received from the victim company as support goods. The Defendant subsequently agreed to pay the goods to the victim on January 25, 2013 upon receiving a request from the victim company for the payment of the goods from the victim company. This was also a matter of consultation with theO having authority to execute the funds.

In full view of all such circumstances, the Defendant did not have any awareness of deceiving the victim at the time of receiving goods equivalent to KRW 20 million from the victim company. Moreover, it is difficult to deem that the Defendant did not have any intent or ability to repay the said goods, on the ground that B was able to obtain investment of KRW 14 million from the investor P on December 24, 2012 and paid KRW 20 million.

Therefore, there was no intention to commit fraud against the accused.

The sentence of unfair sentencing (ten months of imprisonment) by the lower court is unreasonable.

Judgment

In cases where evidence may be examined without the defendant appearance in the court under Article 318 (2) of the Criminal Procedure Act, the consent of the defendant shall be deemed obtained when the defendant does not appear in the court.

Provided, That this shall not apply where a representative or defense counsel attends the court.

The legislative intent of the Court is due to the necessity and swiftness of the trial, i.e. the defendant's non-explication.