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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. Around February 6, 2018, the Defendant concluded a gold-type contract with the victim D to pay KRW 140 million,00,000,000,000 in advance, at the office of Sinti City B and C around February 6, 2018, the summary of the facts charged, stating that the Defendant would produce and supply L50, B10, and B10,000 gold-type 2SET until September 2018.
However, in fact, the Defendant did not purchase steel to be used in the production of gold in the form of money received from the victim, but was thought to use it as operating expenses, employees' wages, etc. of the Defendant company. At the time of the conclusion of the above contract, the obligation for the price of the goods that was not paid to the other transaction parties was equivalent to 18 million won, and the financial condition of the machinery and equipment necessary for the production of gold has deteriorated to the degree that it would be expected to sell the machinery and equipment for the liquidation of the Defendant company’s liabilities. Therefore, even if the Defendant received gold production costs from the victim, he did not have the intent or ability to manufacture the
Nevertheless, on February 7, 2018, the defendant acquired 42 million won from the victim to the company bank account under the name of the defendant for advance payment from the victim and acquired it by transfer.
2. Determination
A. According to the evidence submitted by the prosecutor, it is acknowledged that: (a) around February 6, 2018, the Defendant entered into a gold production contract equivalent to KRW 140 million with the victim (hereinafter “instant contract”); (b) on February 7, 2018, the Defendant received the down payment of KRW 42 million from the victim; and (c) on April 2018, the Defendant was engaged in gold design work only until April 2018 and did not start the gold production; (c) the Defendant disposed of machinery and equipment located in the factory (C; hereinafter “instant factory”); and (d) around May 2018, the Defendant notified the victim of the fact that it is difficult to manufacture the instant gold production.
(b) recognize by record, however.