The defendant shall be innocent.

1. On October 6, 2009, the Defendant made a false statement to the victim F, who carried on the transportation business with the trade name of "D (such as steel and other material transport companies)" operated by the Defendant, who is located in the Dong-gu Incheon Metropolitan City C 22 Dong315, Dong-gu, Seoul, stating that "on the part of the Defendant, who carried on the transportation business with the trade name of "E", "on the part of the victim F, who will later pay for the transportation cost of steel 21.9 tons until Gunsan."

However, in fact, the above company operated by the defendant had a debt of about 300 million won at the time, and there was no intention or ability to pay transportation expenses even if the defendant requests transportation of freight to the victim due to economic difficulties such as the operation of the company with bank loans.

Nevertheless, the Defendant: (a) by deceiving the victim as above and allowing the victim to transport steel; (b) obtained pecuniary benefits equivalent to the transportation cost of KRW 363,000; and (c) from that time, the Defendant requested transportation of the cargo over 195 times until February 18, 2010; and (d) did not pay a total of KRW 102,938,000 for transportation cost; and (c) obtained pecuniary benefits equivalent to the same amount.

2. (1) The judgment of the Defendant is that the Defendant did not commit the Defendant’s act of deception, as the Plaintiff did not pay the maximum amount of bill bonds due to the failure of payment by G, one of the largest transaction partners who were the largest transaction partners that became difficult from the middle of the transaction to the entire steel industry, and the F, who left the world, did not commission the transport with the knowledge of such circumstances and continued the transport.

The argument is asserted.

(2) The record reveals the following circumstances.

① While a transaction with the Defendant Company was continued, F left his own world and thereby the transaction was suspended.

② The F and the Defendant Company commenced transactions from the beginning of 2007 to the beginning of 2008. The payment began to be delayed from the end of 2008, and the attempted amount from February 201, 201, which was suspended until February 2010.

③ At the time, H was in direct contact with Defendant and Defendant Company I only with the accounting work.