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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is that the Defendant is the representative director of E Co., Ltd. (hereinafter “E”) established for the purpose of receiving “D” manufactured by C (hereinafter “C”) from around June 2010 to deliver the said goods to the closing type of the large enterprise’s welfare sunset.
On July 10, 2010, the Defendant entered into a service contract for the establishment of a C-Owned Welfare Complex with G Co., Ltd. (Representative H; hereinafter “victim Co., Ltd.”) established for the purpose of the integration of information and communications services and systems in the E office located in Gangnam-gu Seoul, Seoul (hereinafter “victim Co., Ltd”) and the total service cost of KRW 660 million (the service cost of KRW 60 million and value-added tax of KRW 60 million).
However, at the time, the Defendant had no economic ability to pay the employees’ benefits in the operation of E, as well as the establishment and operation of the above company with no interest rate as well as with the establishment of the above company from the financial institutions and the persons who established and operated the above company. Therefore, the Defendant could receive program development costs or service charges from C. However, since the Defendant’s debt to C is much more than that of the Defendant’s debt to C, it would be offset with the Defendant’s debt to C, so the victim did not have any intent or ability to pay the service charges to the victim company even if the Defendant performed the services for the establishment of the C company’
Accordingly, the Defendant, as seen above, by deceiving the victim company, obtained financial benefits equivalent to KRW 60 million due to the failure to pay the above service cost despite having been provided with the development services for the C Enterprise Welfare Complex from July 201 to April 201 by the victim company.
2. Determination
A. In a criminal trial, evidence of probative value that leads a judge to the conviction that the facts charged are true beyond a reasonable doubt.