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The judgment of the court below is reversed.
Defendant shall be punished by a fine of four million won.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) reveals that the corporate bonds of the Defendant were equivalent to KRW 100 million at the time of the instant case, and that the Defendant was economically difficult to receive goods payment from I and H since the end of 2013, and that the Defendant used considerable portion of the money paid as facility costs to repay personnel expenses and borrowed money, etc., the Defendant could be recognized by deceiving the victim even though the Defendant did not have any intent or ability to supply livestock products, by deceiving the victim.
Therefore, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.
2. On February 18, 2014, the summary of the facts charged by the Defendant in Gwangju City: “D Agricultural Partnership Co., Ltd. operated by the Defendant in Gwangju City”; the fact was at the time the bonds were at the time, and the labor cost was not paid due to the lack of business, and it was thought that the Defendant received money from the victim E to use it as repayment of borrowed money and payment of labor cost; and although the Defendant did not have the intent or ability to properly supply livestock products within the agreed period, he received a large amount of livestock products from the victim E to supply them within one month if the amount of factory facility cost is insufficient, and he received KRW 30 million from the injured party to the Do Agricultural Partnership Co., Ltd. account (F).
3. On January 1, 2014, the lower court determined that the Defendant was unable to supply livestock products to the victim as it was economically difficult due to the fact that G, H, and I, etc. supplied meat processed products from the Defendant without settling the price, and that the Defendant had the intention of deceiving the Defendant from the beginning.