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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the Defendant, from June 27, 2011 to around 430 won, determined the unit price of the product and predicted the enemy. Despite the expansion of the enemy from May 201 to August 201, the Defendant continued to be supplied with the tools by the victim, and even though the Defendant received KRW 2 million from the Plaintiff, the Defendant did not fully pay the price of the goods to the victim. Therefore, even if the intention of the defrauded was recognized, the Defendant did not have the intention of defraudation, and thus, the judgment of the court below that acquitted the Defendant of the facts charged of this case was erroneous and adversely affected the conclusion of the judgment.
2. Around June 9, 2011, the Defendant made a false statement on the summary of the facts charged to the victim E at the office of D Co., Ltd. operated by the Defendant in Daegu A, stating that “I would make every month payment upon delivery of machinery tools.”
However, the Defendant had a debt of approximately KRW 120,00,000 at the time, and there was approximately KRW 15,000,000 that should be paid regularly while operating the factory. On June 27, 2011, the contractual unit price for the Defendant’s products was determined not to be KRW 730,000, but to be KRW 430,000, which had no choice but to occur from that time. Therefore, even if the Defendant was supplied with the tools from the victim, there was no intent and ability to repay the price.
As above, the Defendant, by deceiving the victim, was supplied with tools equivalent to KRW 7,890,069 from July 1, 201 to July 31, 2011, and received tools equivalent to KRW 3,097,776 from August 1, 201 to August 26, 201, respectively, and acquired property worth KRW 10,987,845 in total.
3. Determination
A. The intent of defraudation, which is a subjective constituent element of fraud, of the legal doctrine, is to comprehensively consider objective circumstances such as the financial history and environment of the accused before and after the crime, the details and contents of the crime, and the process of transaction execution, so long as the accused does not confession.