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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the facts charged is that the Defendant was operating a company “D” from around 2010 to May 27, 2014, and that, around May 9, 2014, G and F discussed the issue of the actual transaction volume rather than the tax invoice issued by D to D at the above D office located in the Da Office in the Ma in the Ma in the Ma in the Ma in the Ma in the Ma in the Ma in the Ma in the Ma in the Ma in the Ma in the Ma in the Ma in the Ma in the Ma in the Ma in the form of a small transaction volume, G would make the appearance of the same transaction as that of the tax invoice by depositing the 358,000,000 of the Difference in the face of the lack of the price.
As a result, G calls from the victim H who was known to the president of the business partner of the F to the effect that “If the payment is insufficient to F in the transaction partner D, and if it is unable to make the payment, it would be subject to disciplinary action, it would be paid to F in this money and would be repaid in the following month,” and the victim remitted KRW 160,640,000 to the Defendant’s business bank account (I).
However, in fact, the Defendant received money from the Defendant and expected to close the business of D after using the money as the operating fund of D, so there was no intention to pay the money to the F passbook even after receiving the money.
As a result, the defendant, although he did not intend to repay the above money, by deceiving the victim, received 160,640,000 won from the victim and fraudulently acquired it.
2. The defendant and his defense counsel asserted that the defendant did not deceiving H at the time when he received 160,640,000 won from H, and that the defendant did not receive the above money for personal acquisition without the intention of F from the beginning, even though the defendant attempted to deposit the transferred money to F, the F would demand the suspension of transaction and not deposit the above money to F in order to resolve the settlement problem from F.
3. The defendant's judgment.