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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The summary of the facts charged is as follows: (a) the Defendant at a branch office in the jurisdiction of the company in charge of the settlement of disputes in the first floor of building Nam-gu Incheon Metropolitan City B (hereinafter “instant settlement”) around November 11, 2016, and (b) the victim D with “Mart funeral is well-grounded, and fishery products sales are 2.5 million won.”
The security deposit amounting to KRW 25 million shall be operated by the Coper of fishery products and the sales will be settled.
“A false representation was made.”
However, due to the decline in the management of the defendant, it was difficult to give monthly salary to the employee because of the decrease in the profits, and the E was responsible for the debt amounting to KRW 92 million, and the E was subject to seizure at any time due to the above debt, etc., so even if the E was paid by the victim, even if it was paid by the victim, it was normally returned, or there was no intention or ability to pay the proceeds normally to the victim.
From November 11, 2016 to November 18, 2016, the Defendant received from the damaged party a total of KRW 25,000,000 from the F bank account (G) in the name of the bank account in the name of the Fund in the name of the deposit account from November 1, 2016.
2. The content of the instant deception, which was prosecuted by a public prosecutor, means that the Defendant did not have the intent or ability to return the deposit to the victim and make settlement of the profits, and the Defendant did not have the intent or ability to do so, as evidence of the following circumstances: (i) the operation of the instant marina was difficult; (ii) the profits of the Defendant decreased due to the difficulties in operating the instant marina; (iii) the Defendant did not have any circumstances to pay the wages of the employees; and (iv) the Defendant was liable to pay the said amount of KRW 92 million from E; and (iii) E could have seized the instant marina at any time based on the said debt.
The issue of whether the Defendant had the intent or ability to commit the said deception is determined at the time of the act.