The defendant shall be innocent.

1. On November 20, 2006, the Defendant, at the office of “E” in the operation of the Defendant located in Gangnam-gu Seoul Metropolitan Government (hereinafter “E”) around November 20, 2006, falsely stating that “The Defendant did not intend or have the ability to pay the price by the due date even if he was supplied a letter of intent from the victim F.” The Defendant received from the victim a total amount of KRW 68,556,400 (hereinafter “instant clothing”) equivalent to the total market price of KRW 68,56,400 (hereinafter “instant clothing”).

2. Determination

A. The defendant had the intention or ability to pay the price at the time of receiving the instant clothing from the victim, and there was no intention to commit the crime of defraudation by the defendant.

B. The lower court acknowledged the following circumstances based on the evidence duly adopted and adopted by the court: (a) it appears that the active property of the clothing products, etc. sold or kept in the store and warehouse, including the outstanding amount, etc., of E, was at least more than the negative property of E, such as debt, overdue wages, delinquent value-added tax, income tax, and 4 major insurance premiums, etc., owed by the Defendant at the time of the delivery of the instant clothing; (b) at the time of delivery, E was supplied with originals or finished products from the supplier, and had been ordinarily engaged in the sales of more than 10 stores; and (c) payment of the sales amount and the price of the goods to the supplier was continuously made from the sales store due to the sales sales; (d) however, there was a change of circumstances in relation to the operation of E’s business registration, etc., under overall control of the planning of the design of E; and (e) other traders after the delivery of the instant clothing, after the delivery of the instant clothing.