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The defendant shall be innocent.
Reasons
1. Facts charged;
A. On September 1, 2013, the Defendant: (a) around September 1, 2013, the Defendant supplied the Victim D with a cju store located in Yeongdeungpo-gu Seoul Metropolitan Government (on-site packing machine); (b) if the Defendant supplied the Victim D with a cju and abstin, the Defendant sent the price to pay the price from time to time.
However, the defendant did not have any intention or ability to pay the price even if he is supplied with the fishing, falling, etc. from the victim.
Nevertheless, the Defendant made a false statement as above, and then, from September 1, 2013 to September 30, 2013, received a total of KRW 1,166,000 from the victim, and did not pay the price, thereby deceiving the Defendant by deception and scam.
B. On October 22, 2013, the Defendant made a phone call to the above victim on October 22, 2013 and called “5 million won is required to extend the business.” If the Defendant borrowed 5 million won, he/she would have repaid her one week thereafter.”
However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.
Nevertheless, the Defendant made a false statement as above, and acquired 5 million won from the victim to the account in the name of Han Bank E designated by the Defendant on the same day.
2. According to the witness D’s legal statement and the response to the submission order by the age credit rating information company, it is recognized that the Defendant was operating indoor packaging at the time when he received goods and money from the victim and did not have any obligation in arrears with the financial institution. In light of these facts, the Defendant was unable to pay the goods and money to the Defendant at the time when he received goods and money from D solely because the Defendant did not pay the goods and money on the agreed date.
It is difficult to conclude that there was no intention of repayment, and there is no other evidence to acknowledge the defendant's deception.
3. Thus, the facts charged in this case are not proven.