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The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The gist of the grounds of appeal is that the Defendant failed to pay the price for the goods to the victim company is due to the fact that the Defendant failed to recover the funds by receiving the notification of the suspension of transaction from the Defendant’s delivery company, and even if the Defendant did not defraud the victim company with the intent or ability to repay the price for the goods, the Defendant did not fraudulently speak as if he would repay the price for the goods to the victim company without the intent or ability, the lower court convicted the Defendant
2. Determination
A. The Defendant, from around 207 to May 31, 2012, operated a manufacturer Co., Ltd., which assembled circuit plates and parts and supplies them again.
On April 2012, the Defendant had no intent or ability to complete payment even if he received circuit board from the victim DNA Co., Ltd., inasmuch as the Defendant received circuit board from the victim, the Defendant did not have any intent or ability to complete payment.
Nevertheless, the defendant committed as if he would pay the value of the parts on the settlement date, and this year from April 3, 2012 from the victim company.
5. Until 18. A total of seven times, a printing circuit board equivalent to a total market value of 4,015,000 won was supplied.
Accordingly, the defendant was given property by deceiving the victim company.
B. The lower court found the Defendant guilty of the instant facts charged by integrating the evidence presented in its judgment.
C. According to the evidence duly admitted and examined by the lower court, the lower court’s determination 1) reveals the following facts. ① The Defendant is a stock company C (hereinafter “C”) established for the purpose of developing, manufacturing, etc. small home appliances.
is the representative director of the Commission.
② C is supplied with a printed circuit board from January 2, 2012 to May 18, 2012 by the victim company, and the price for the goods is paid.