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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty of the facts charged in this case, despite the fact that the defendant deceivings the victims and acquired the defendant by deceit.
2. Determination
A. The summary of the facts charged in the instant case is the representative of C Co., Ltd. (hereinafter referred to as “Co.”), which engages in construction work, such as machinery and equipment located in Bupyeong-gu Incheon Metropolitan City B, and fire fighting equipment.
The victims are business partners who supply materials at the construction site of each of the above C, and victims D (representative E) are companies that supply pipes and materials, etc. in Dongdaemun-gu Seoul Metropolitan Government, and victims G (representative H) are companies that supply fire-fighting machinery and appliances, etc. located in the Gu during Gyeyang-gu.
Around 2014, the financial condition of the Defendant’s operation aggravated due to the nonperformance of a bill issued by J to C, and around the end of January 2016, due to the accumulation of the enemy at the K construction site where C had been in progress around the year of 2016, the Defendant paid approximately KRW 450 million in total to the victims of the total amount of the credit obligation for the materials to be paid as of the end of January 2016. In addition, the Defendant did not have any intent or ability to pay the amount of the credit obligation even if he/she personally borrowed KRW 80 million from L around August 2014 and received additional supply of the materials from the victims in excessive cumulative state of liability.
(1) The Defendant, against the victim D, did not have the intent or ability to pay the price of the factual material at a place not known to him/her around February 2016, the Defendant deceptioned the actual representative M of the victim company that “I would have been in receipt of money, but did not pay the outstanding amount because the money was well known.” The Defendant was supplied with the material amounting to KRW 15,973,136 in total from the victim company.”
Ultimately, the Defendant is equal to this.