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The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.
Reasons
Punishment of the crime
1. The Defendant of the facts charged is the representative director of E (E), a company planning for the display of goods on the D7th floor of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “E”), and on March 1, 2014, at the E office around March 1, 2014, the victim F produced and installed a private sunset to be used in G XE and paid the price within three months.
“.......”
However, in fact, E has a debt of more than 60 million won, and the defendant has no intention or ability to pay the price even if he has received goods or services from the injured party due to the lack of any particular property.
The Defendant, by deceiving the victim as such, was produced and installed by a private person in an amount equivalent to KRW 7,947,500 from the victim, and acquired property benefits by receiving property or being provided with services equivalent to KRW 413,237,370 from the nine victims over 37 occasions from the time to October 10, 2014, such as the list of crimes in the attached Table.
2. The summary of the Defendant and the defense counsel’s assertion did not commit deception with regard to E’s property status, ability to repay, and method of preparation of payment at the time of the instant contract with the victims, and the E, the main purpose of which is the exhibition counter business, has been under the long supervision.
G X-ray (hereinafter referred to as the “EXE”) intended to pay the price through the supervision of the EXE, but failed to pay the price by avoiding the unexpected bidding, and there was no intention to receive the goods or receive the services without the intention to pay the price at the time of the contract, and to obtain the pecuniary profit.
3. The intent of defraudation, which is a subjective constituent element of the judgment of fraud, shall be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial history before and after the crime, the environment, the content of the crime, and the process of performing transactions, insofar as the Defendant does not make a confession. In particular, the establishment of fraud by defraudation in the transaction of goods is