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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is as follows: (a) from around 2001 to around 404, 405, the Defendant operated the company G at the office of Geumcheon-gu Seoul Metropolitan Government F Building 404, 405; (b) from around October 2008, the Defendant experienced business difficulties in managing the company; and (c) from around October 2008, only the transaction amount unpaid to the company was reached at KRW 1.9 billion; and (d) the deficit was accumulated due to continuous sales, even if the Defendant was supplied with the materials for the clothing from the victim U, there was no intention or ability to pay from time to time the amount
Nevertheless, the Defendant, at the above G office around January 31, 2009, made a false statement to the effect that “on the face of the supply of subsidiary materials of Category 1, the Defendant would pay the amount after two months,” and was provided with subsidiary materials of KRW 21,466,541 at the market price from the victim, as shown in the list of crimes in attached Form 30 times, from that time, the Defendant was supplied with subsidiary materials of KRW 191,443,387 at a total amount of 30 times as shown in the list of crimes in attached Table.
Accordingly, the defendant was given property by deceiving the victim.
2. We examine whether the Defendant had no intent or ability to pay the price in time, even if he was provided with clothing and subsidiary materials by the victim at the time of the instant case.
According to the records of this case, ① the Defendant traded materials with the victim from around 2006 to April 201; ② the Defendant agreed to pay the amount of the materials for the clothes supplied by the victim each month between the victim and the victim at the end of the month after settling accounts at the end of the month; ③ the Defendant was supplied with the materials for the clothes equivalent to KRW 191,43,387 from January 31, 2009 to April 30, but the Defendant was supplied with the materials for the clothing amounting to KRW 191,43,387 from April 30, 201, and ④ the Defendant did not pay most of the amount other than the partial amount received ( KRW 8,804,424) according to the payment order, ④ the Defendant discontinued its business due to the aggravation of funds around August 201, and transferred the trademark rights, inventory goods, etc. of G Co., Ltd. to V.