All appeals filed by the prosecutor against the Defendants are dismissed.

1. In full view of various circumstances, including the fact that the Defendants, who served as the representative director or vice president, was in a substantial state as of December 31, 2016, and the assets were in excess of liabilities only in the form of financial statements, and the Defendants also stated that the funds have not been recovered to the customer due to the cumulative management of E, etc., the Defendants could be deemed to have clearly predicted that the Defendants could not pay the funds to the victims G or victims I, each of the relevant parties to the instant facts charged, at the time of performing the transactions as described in the instant facts charged. Thus, the Defendants’ deception and the crime of deception can be recognized.

Nevertheless, the lower court acquitted the Defendant of the instant facts charged by misapprehending the facts or misapprehending the relevant legal doctrine.

2. Determination

A. Summary of the facts charged in the instant case 1) Defendants’ violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud Incheon District Court 2018 Gohap410) (Defendant A operated the said company as the representative director of E, and Defendant B was the vice president of the said company.

On March 7, 2017, the Defendants conspired to supply the victim G office located in Kimpo-si F to H, an operator, at the victim G office located in Kimpo-si, Kimpo-si, and would settle electronic bills according to the due date on the face of the week.

The phrase “the phrase was false.”

However, due to the deepening of industry competition, E received contracts at a low price which falls short of the production cost, accumulated the enemy due to the occurrence of additional expenses in the construction process, began to settle the transaction price with a bill from July 2016 due to financial deterioration, and around March 2017, E repaid approximately KRW 20 billion with interest and interest on loan obligations of approximately KRW 3.4 billion every month, and assets are approximately KRW 3.8 billion with liabilities against the assets.