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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal is as follows: (a) the Defendant had been informed of the fact that, around April 201 through May 5, 2016, the D Association had already received a notice from the D Association that it would not pay all subsidies in the form of rebates; (b) the Defendant did not notify the victim of such fact; (c) the Defendant did not pay only once to the victim; and (d) the Defendant had an individual obligation to pay approximately KRW 400 million to the Defendant at the time of the contract; and (c) the lower court determined that the Defendant had no intention to commit fraud even if the charge is sufficiently proven.
2. Determination
A. From around 2016, the Defendant is running C companies with the main duties of installing Pos (POS) and credit card terminals and VIN services in Gwangju Seo-gu, Seo-gu.
In fact, the Defendant was notified by the D Association that the annual sales amount of at least KRW 300 million would not be paid all subsidies in the form of rebates. At the time of the conclusion of a financial contract, the Defendant was unable to operate monthly subsidies to be paid to the owner of the franchise compared to the VN fees that the card company received from the card company. In light of the Defendant’s financial status, the Defendant was unable to pay approximately KRW 400 million in the absence of special property, and entered into an installment financing contract with the financial company for the installation of a franchise store (POS) and a credit card terminal and the payment of the mobile device installation cost, even if the Defendant entered into a financial contract with the financial company, even if the Defendant did not have the intent or ability to pay the monthly subsidies to the owner of the franchise and did not have the intent or ability to pay the installments in the cash, the Defendant was willing to use the financial company to receive in advance the principal to receive the monthly payments from the financial company, by deceiving the owner of the franchise to acquire property profits.
On March 2017, the Defendant: (a) around March 201, to E, an employee of the said C Company, “the annual turnover exceeds KRW 300 million.”