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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The summary of the grounds for appeal is as follows: (a) the Defendant and the victim had been well aware of the Defendant’s property status, business change, credit standing, etc.; and (b) there was no intentional deception of the facts charged in the instant case; and (c) there was no intentional deception.
2. Determination
A. The summary of the facts charged in the instant case 1) The Defendant would immediately pay the construction price to the victim D as the completion of the construction work at the Jeju Golf Practice Site located in Northern-gu B around March 2012, 2012.
“A false statement” was made.
However, the defendant did not have the intent or ability to pay the construction price to the victim because the defendant bears the personal debt exceeding one billion won at the time, and it is difficult to pay the interest.
The defendant has the victim from March 18, 2012 to the same year.
4. From 14.1 to 14., by carrying out the removal work of approximately KRW 4.3 million, it did not pay the removal work, thereby acquiring pecuniary benefits equivalent to the same amount.
2) On March 8, 2013, the Defendant: (a) calls from the victim at a place in an irregular manner; and (b) provided that “If the Defendant borrowed KRW 5 million to require the payment of the money, he/she would promptly repay the money to the maximum extent possible.”
“A false statement” was made.
However, the defendant had no intention or ability to pay the borrowed money to the victim because he/she bears the personal debt exceeding one billion won at the time and it is difficult to pay the interest.
The defendant received 5 million won from the damaged person to the account in the name of the financial institution in the name of the defendant on the same day.
3) On September 2014, the Defendant would immediately settle the construction cost upon completion of the construction works that newly build four offices on the site of the golf practice site that was removed by the said victim at the golf practice site site as stated in paragraph (1) around September 2014.
“A false statement” was made.
However, it is true.