The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The Defendant is a person who has operated electronic components manufacturing business under the trade name, E Co., Ltd. (hereinafter “instant company”).

On January 28, 2014, the Defendant made a false statement to the effect that “The Defendant would pay KRW 2.6 million per month a commuting vehicle to and from work for employees,” at the instant company office located in the Gyeongdong-gun F, G, which was located in the G, for the sake of having the victim G pay the commuting vehicle KRW 2.6 million per month at the high seas.”

However, in fact, the Defendant did not have the intent or ability to pay the user fee even if he was provided with the transit vehicle by the injured party, because the Defendant had a total of approximately KRW 1.3 billion, KRW 200 million, KRW 400 million, KRW 36 million, and KRW 2.5 billion, which was not paid to the customer.

Nevertheless, the Defendant: (a) by deceiving the victim; (b) obtained 25 passenger buses from February 3, 2014 to May 7, 2014 from the damaged party; and (c) obtained property benefits equivalent to the said amount by not paying KRW 7,800,000 as the fee.

2. The intent of defraudation, which is a subjective constituent element of the judgment of fraud, is to be determined by comprehensively taking account of the objective circumstances such as the financial history, environment, details and contents of the crime before and after the crime, and the process of transaction execution, unless the defendant is led to confession.

The conviction of a single part of the crime ought to be based on evidence with probative value that leads a judge to feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest. The same applies to the recognition of a criminal intent, which is a subjective element of a crime (see, e.g., Supreme Court Decision 2015Do2255, Jul. 23, 2015). In addition, the establishment of a crime of fraud is at the time of such act.