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The defendant shall be innocent.
Reasons
1. The Defendant is the representative of C Co., Ltd., and the victim D is a person operating E.
The defendant received building materials from the injured party, and promised to approve each month after finishing each month.
However, the defendant from June 21, 2015 to the same year.
8. By the end of March 31, 200, “G Office and New Factory Construction Corporation,” located in the Gangnam-gun F, Gangwon Hongcheon-gun, supplied building materials such as rainwater, cement, etc. from the injured party who believed the above arrangements, and acquired them by deception without paying KRW 3,743,300.
2. The Defendant and the defense counsel asserted that the Defendant had the intent and ability to pay the price at the time of the delivery of the instant case, and thus, there is a criminal intent by deception.
subsection (b) of this section.
3. Whether the crime of fraud is established through the deception of the transactional goods shall be determined by whether there was an intentional intent to acquire the goods from the damaged person by making a false statement as if the victim were to repay the price of the goods, even though there was no intention or ability to do so at the time of the transaction, and the price of the goods cannot be paid in a lump sum due to changes in economic conditions after the delivery.
Even if this is merely a mere non-performance of civil liability and it cannot be said that criminal fraud is established (see Supreme Court Decisions 97Do2630, Jan. 20, 1998; 2001Do202, Mar. 27, 2001; 2002Do5265, Jan. 24, 2003; 2008Do2893, Jun. 12, 2008). In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the Defendant acquired the above materials by deceiving the victim without the intent or ability to pay the construction materials as stated in the facts charged by the prosecutor, solely based on the evidence submitted by the prosecutor, such as the police statement, accusation statement, and copy of tax invoice, etc. with respect to the instant case.