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The defendant shall be innocent.
Reasons
1. The summary of the facts charged has been engaged in the business of installing automation machinery, equipment, etc. to both-generation farmers under the mutual name of “C”.
On May 1, 2010, the Defendant made a false statement to “E working for the victim Geum River Co., Ltd. at the site of the two farms located in Ischeon-si, Hongcheon-si, stating that “The Defendant will settle the price of ready-mixed supplied at the construction site in cash without molding it by the 15th day of the following month at the construction site,” to “I will settle the price of ready-mixed supplied at the construction site, if you supply ready-mixed at the construction site.”
However, there was no intention or ability to pay the price normally even if the victim receives the ready-mixed from the victim because the debt is accumulated and the worker's wages or taxes are not paid properly.
Around May 26, 2010, the Defendant: (a) by deceiving the victim as such; (b) received from the victim a six-yearly supply of ready-mixed; and (c) received the total of KRW 24,710,000 from around 16 times to July 21, 2010, as indicated in the attached list of crimes.
2. The judgment of fraud is established by deceiving another person to make a mistake by inducing a dispositive act, thereby obtaining property or pecuniary gain. The causal relationship exists between deception, mistake, and property disposal act. On the other hand, whether a certain act constitutes deception that causes a mistake to another person, and whether there exists a causal relationship between such deception and property disposal act should be determined generally and objectively in consideration of the transactional situation, the other party’s knowledge, character, experience, occupation, and other specific circumstances at the time of the act.
(See Supreme Court Decision 201Do8829 Decided October 13, 2011). A merchant requests the supply of materials in connection with his/her own business, and in response to this demand, another merchant supplies materials for his/her own business.