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The defendant shall be innocent.
Reasons
1. The Defendant is the representative director of the incorporated agricultural company E-stock company.
On January 24, 2014, the Defendant made a false statement to the Defendant’s office located in F in Gyeonggi-si F, stating that “The Defendant would deliver the disturbance to E Co., Ltd., an incorporated agricultural company in the inside and outside of the country, and pay the disturbance within the number of days,” to H who is the representative employee of the Victim G Co., Ltd.
However, in fact, from August 2012, the Defendant received a demand for delivery from a large-scale customer, the main customer, and caused a cumulative sales loss, and around 2.6 billion won in light of around 2013, the Defendant incurred a business loss of around 200 billion won. On the other hand, the Defendant had to pay approximately KRW 50 billion per month for the extension of Defendant’s factory by inserting a total of KRW 1.5 billion, including cumulative profit of KRW 2.9 billion and KRW 12.1 billion borrowed from an industrial bank, etc. on around 2013. On the other hand, even if there was no particular import or property, there was no ability or intent to pay the amount normally even if it is supplied to the damaged person.
Nevertheless, the Defendant, as seen above, was supplied a disturbance equivalent to KRW 169,228,80,00 in total by 11 times from January 24, 2014 to February 28, 2014 from the victims of the said deception by deceiving the victims.
Accordingly, the defendant was given property by deceiving the victim.
2. According to the evidence on the market, E Co., Ltd. (hereinafter “E”), around 2013: (a) recorded a business loss of KRW 2.648 billion; (b) borrowed approximately KRW 12.1 billion from Ssung and Industrial Bank in the process of constructing a new factory from August 2012; and (c) borne enormous financial costs for the construction; and (d) was in charge of the instant column transaction between E and Agricultural Company G (hereinafter “G”).
I, who is an employee of E, will pay the price in cash to G even though he was unable to pay it in cash.
The purport is that “a person was supplied with eggs from G after he or she belongs to the weak.”