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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is as follows: E Co., Ltd. (hereinafter “E”) operated by the Defendant from the beginning of 2013 to the enemy to enter into a contract for the supply of clothes with the clothing supplier, even if the nonperformance of the contract was sufficiently anticipated, and continuously received the clothes from the victims entered in the crime inundation list, such as the Victim F Co., Ltd. (hereinafter “victim F”) and J, etc. (hereinafter “victim F”), so the lower court found the Defendant guilty of the charge in this case, even if the crime was recognized, and thus, acquitted the Defendant of each of the charges in this case. In so doing,
2. Summary of the facts charged
A. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) has no intention or ability to pay the price of supply to a person who operated the clothing sales chain E, and even if he is supplied a kind of goods from the victim F because it is difficult to operate the company from spring in 2013, the deficit of the enemy is accumulated, the four major insurance money is overdue, the employee's benefits are not paid, and employee's benefits are too high
Nevertheless, in the E office located in Seongdong-gu Seoul Metropolitan Government on January 2014, the Defendant concluded that “If you deliver clothing, 30-50% of the price shall be paid at the time of delivery, and seven days shall be paid in full” to H who is an employee of the victim.
As such, the Defendant, from March 11, 2014 to May 12, 2014, by deceiving the victim, and from around 151 to around 12, 201, acquired the clothing amounting to KRW 593,802,409 in total from around 85,221.
B. On February 12, 2014, the Defendant, at the K Office located in the Seoul Jung-gu Seoul Metropolitan Government International Commercial Building on or around February 12, 2014, deceiving the victim J to pay the price when he/she delivers the 'Planning Franchi' to the victim J. In this context, the Defendant was supplied by the victim J with an amount equivalent to KRW 75,00 of the 5 market price of the 'Planning Franchi' from January 2013 to July 2014.