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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 1) On October 29, 2012, the Defendant, at the office located in Gangnam-gu Seoul Metropolitan Government, intended to sell the used plant equipment owned by the victim D in the amount of KRW 60 million to the victim D, and received KRW 20 million from the damaged party as the down payment, he/she paid the equipment to E, thereby securing the authority to transfer the equipment to the victim without delay.
However, even if the defendant receives the down payment from the injured party, he thought that he will use it for other purposes, such as repayment of debt, etc., and he did not intend to pay the down payment to E, and there was no intention or ability to pay 20 million won to E.
Nevertheless, the Defendant, as seen above, was falsified and was remitted to the injured party KRW 20 million as the machine price on October 30, 2012.
2) On December 5, 2012, the Defendant agreed to change the subject-matter of the instant paragraph 1 from the plant equipment owned by E to the plant equipment owned by the F Co., Ltd.
After that, on January 2013, the Defendant requested the victim to pay the balance of KRW 10 million in addition, and around that time, the Defendant paid the down payment of KRW 20 million in advance to the LAF and paid it in advance to the LAF and paid the additional amount of KRW 10 million to the LAF.
However, the defendant has already consumed the down payment of KRW 20 million received from the injured party as mentioned in the above paragraph 1 for other purposes, and even if he has received additional KRW 10 million from the injured party, he was thought to be used for other purposes, such as repayment of debt, and he did not intend to pay the said machine price to the F. In addition, he did not have any intention or ability to pay the said machine price to the F. In addition, he did not have any intention or ability
Nevertheless, the Defendant, as seen above, was falsified and was transferred to the injured party KRW 10 million as the machinery price on January 3, 2013.
2. Determination
A. The Defendant’s substitute plant plant is an plant.