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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the facts charged is the person who was the representative director of the KCAE, which is the clothing and miscellaneous distributor.
Around October 2011, the Defendant entered into a contract for the supply of goods, which the victim company imports the H brand clothes and shoes in France, and supplies them to (ju) E, among G, which was the head of the Committee for the Settlement of Victims (hereinafter referred to as the “victim Company”), and received H clothes and shoes equivalent to KRW 91 million from the victim company around October 31, 201, and around November 30, 201, KRW 132 million from the victim company around November 30, 201, KRW 52 million from December 31, 201, and KRW 52 million from the victim company.
However, the above state (E) that the defendant was the representative director at the time requires not only the above goods payment obligation for the victim company, but also the company's operating funds and employees' wages, and thus, he borrowed KRW 80 million from I on January 201, and around 201, the "K" in the French JJ indictment appears to be the clerical error of the "J".
H Korea's exclusive import contract with the J (hereinafter referred to as the "J") was not adequate in the company's financial status to the extent that it would avoid termination of the contract due to the failure to import the minimum import volume of the contract, and the sale price of H products supplied by the victim company is also used to pay the price for the goods to the transferee company, and it was in the absence of the intent or ability to pay the price even if the products are supplied by the victim company.
Nevertheless, the Defendant imported and supplied products, and then made a false statement to the victim company as if he would pay the price in a normal way, and acquired them through the victim company’s supply of clothes and new products in an amount equivalent to KRW 275 million in total from October 31, 201 to December 31, 2011, but only KRW 95 million out of the price was paid and the remaining amount was not paid to KRW 180 million.
2. The judgment is based on the evidence duly adopted and examined by this Court.