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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) was as follows: (a) the time when the defendant started to delay to the customer was around March 2013; (b) the time when the worker was not paid wages to the worker was around March 2014; (c) the amount unpaid is equivalent to KRW 1.1 billion; (d) the victim was accumulated; (e) the amount receivable was used for other purposes; (e) the defendant used the amount received from the original office for the payment; and (e) the actual aggravation of funds was closed due to the aggravation of funds, the defendant could have predicted that the failure to pay was caused due to the aggravation of funds in November 2014.
In such a situation, the criminal intent can be recognized if he/she has been supplied with the processed equipment of shipbuilding machinery equivalent to KRW 150 million from the injured party.
Nevertheless, there was no intention to pay the price only for a specific period of continuous transactional relationship.
The judgment of the court below which acquitted the charged facts of this case on the ground that it is difficult to see that there is an error of law affecting the judgment.
2. Determination
A. The facts constituting an offense prosecuted in a criminal trial must be proved by the prosecutor, and the judge should be convicted with evidence having probative value, which leads to the conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.
B. In light of the legal principles of the lower judgment and the following circumstances admitted by the evidence duly admitted and investigated by the lower court, there is no room for reasonable deliberation to deem that the Defendant, based on the evidence submitted by the prosecutor, deceivings the victim as if he had such intent or ability even though the Defendant did not have the intent or ability to pay the amount at the time of ordering and receiving the mechanical processed goods from the complainant.