The judgment of the court below is reversed.

The defendant shall be innocent.

1. After concluding a contract of carriage with the victim, the court below found the defendant guilty of the facts charged of this case, although the defendant did not pay the transport cost because the company operated by the defendant was not due to the difficulty of the wind due to the failure to pay the transport charge, and did not request the victim to transport the freight without the intent or ability to pay the transport charge. The court below erred by misunderstanding the facts, which affected the conclusion

2. Determination

A. The summary of the facts charged of the instant case is that the Defendant was a person who was engaged in cargo transport business with the trade name called “(D) D” at the place of business located in Ulsan-gu, Ulsan-gu. (1) On January 10, 2011, the Defendant found the Defendant guilty of the Defendant’s charges by failing to pay transport charges to the victim F, who operated E at the above office, for the transport of the cargo from Gyeyang-gu, to Chungcheongnam-do, and by failing to pay transport charges to the victim at the Defendant’s request, thereby obtaining pecuniary benefits equivalent to the same amount. (2) On February 23, 2011, the lower court found the Defendant guilty of the Defendant’s charges of selling the cargo at KRW 10,000,000,000 for the transport of the cargo from Ulsan-si to Gyeonggi-si, but by failing to pay transport charges to the Defendant, and by failing to pay the transport charges to the victim at KRW 10,000,000,000,000.