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The defendant shall be innocent.
Reasons
1. The Defendant is a person who was engaged in the original set of charges.
On March 1, 2010, the Defendant supplied the Victim C with the original yarn necessary for the original production by May 15, 2010, and received KRW 21,706,490 from around April 1, 2010.
However, the Defendant had already failed to pay the price equivalent to KRW 70,000 to other original services providers, and there was no intention or ability to pay the price even if it was provided due to the lack of balance between banks.
Accordingly, the defendant deceivings the defendant as above and took property benefits equivalent to KRW 21,706,490 from the victim.
2. Although the Defendant had the intent and ability to pay the original cost to the victim, the Defendant denies the criminal intent by defraudation, which was obtained by the Defendant, that the Defendant did not pay the original cost, but did not pay the original cost to the victim on the wind leading up to the dishonor.
① Comprehensively taking account of the Defendant’s police, legal statement, and witness E’s legal statement, evidence 2, 3, and 5 (including each number), and reply to an order to submit a governmental tax secretary’s written reply, the Defendant was supplied with the F Company’s original intent and produced and supplied it to D, and it is recognized that D did not pay KRW 75 million out of the original amount of KRW 150 million to the Defendant, and that D did not pay the Defendant the amount of KRW 150 million to the Defendant, which is consistent with the Defendant’s above legal action.
② The facts charged in the instant case are based on the premise that the Defendant denied the Defendant’s intent to pay and the ability to pay, and on the premise that at the time of April 1, 2010, the Defendant assumed that at the time of receiving originals from the victim, the Defendant was liable for the originals worth KRW 70 million to another originals provision company (F company). However, in full view of the witness E’s legal statement and evidence Nos. 2 (including each number), the Defendant’s above KRW 70 million to F company is liable.