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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is that the Defendant is a person who operates a senior trading company B, which is a senior trading company, and the victim company C (hereinafter “victim company”) is a company that engages in the business of exporting the company overseas.
On June 201, the Defendant stated that, in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, the victim company E, “The Defendant would purchase six middle class Ⅱ high class Ⅱ at a price lower than Si taxes.”
However, the Defendant, at the time, had a debt equivalent to KRW 10 million to F and KRW 222,300,000,000 for KRW 10,000,00 for KRW G, and even if the Defendant received a second-hand purchase payment from the victim company, he was thought to be used for the payment of the investor H’s profits and repayment of the debt, and did not secure the second-hand purchase payment at the time when the victim company received the purchase payment from the victim company, and did not have any intention or ability to deliver the second-class
On July 1, 2011, the Defendant: (a) transferred KRW 23 million from the victim company to the I Bank account (J) in the name of the Defendant on July 1, 201; (b) transferred KRW 11.2 million to the same account on July 22, 201; and (c) acquired KRW 34.2 million in total from the victim company to the same account on July 22, 201.
2. The gist of the prosecution by the defendant and his defense counsel;
A. It is true that the Defendant received KRW 1.2 million from the victim company on July 1, 201, KRW 23 million on July 1, 201, KRW 1.2 million on July 22, 201, and KRW 34.2 million on a vehicle purchase price.
B. However, unlike the facts charged, the defendant did not first make a purchase proposal on the side of the victim company, but received a request for purchase from the victim company.
In addition, the person who requested purchase was not E, and the object of the request for purchase was only one Lone Star vehicle (23 million won on July 1, 201) and two Lone Star II (12 million won on July 22, 201).
C. Since then, the Defendant purchased one set from L operating “K party funeral” in the name of M, one set from M, N, andO, respectively, and the victim company.