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The judgment below
Part of the compensation order, except the compensation order, shall be reversed.
The defendant is not guilty.
Reasons
1. Summary of grounds for appeal;
A. At the time of borrowing the instant loan, the Defendant merely notified the victim of the development procedures, supply process, etc. in the future, and then lent KRW 40 million for the purpose of the E development fund, and the Defendant Company decided to supply E to the ELONEX Co., Ltd. (hereinafter “ELON”) upon completing the development of E., Ltd.
If a person lends KRW 40 million for the purchase price of parts or E, he/she has not deceiving the victim to pay money by delivering E until the end of the year.
B. The Defendant had the ability and intent to repay the borrowed money by December 30, 2012, which was promised at the time of the instant loan, in accordance with the schedule of delivery and receipt of the E-delivery.
However, the victim did not perform the obligation to pay interest to F, and the F did not pay the money to the victim because it failed to receive the E price as it applied for the seizure and collection order against the Defendant's sales claim to the KONEX.
C. Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.
2. Judgment on misconception of facts or misapprehension of legal principles
A. The summary of the facts charged in the instant case is the representative director of the Corporation D (hereinafter “Defendant Company”) producing H, and at around September, 201, the Defendant had been developing E and had no plan to supply E at the end of the year, and the Defendant had been responsible for the Defendant Company’s debt of approximately KRW 2 billion and paid approximately KRW 1.4 billion monthly interest on the loan, while the Defendant Company was operating the Defendant Company based on the loan because there was no revenue or sales, and did not have any funds to reduce the monthly wage, the Defendant borrowed money from the victim C to pay monthly wage, office supplies purchase, franter rent, and franter rent.