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The defendant shall be innocent.
Reasons
1. The summary of the facts charged in the instant case is the person who has overall control over the overall management as the representative director of F Co., Ltd. in Ulsan-gun E.
F Co., Ltd., in January 2017 due to the continuation of business difficulties, recorded deficit and the amount of debt to financial institutions and business partners reaches KRW 00,000,000, and even if raw materials are supplied from business partners, the F Co., Ltd. was in a state of being unable to pay the price by the ordinary payment date.
Nevertheless, the Defendant did not take any measures to prevent damage to the customer by reviewing whether to place an order for raw materials or ordering the department in charge of purchasing raw materials to coordinate the time or method of payment with the customer, etc. However, around January 17, 2017, the Defendant ordered the above company to supply steel plates by telephone to the employees of the Victim H Co., Ltd., Ltd., Ltd., the Defendant at the end of February 2017.
Accordingly, around January 18, 2017, the Defendant received a letter 228 of iron plates equivalent to 13.3 million won at a market price from the victim company.
2. In the transaction of goods, the establishment of fraud by deception shall be determined by whether there was an intentional intent to defraud the goods, etc. from the injured party by making a false statement as if the injured party would repay the price of goods, although there is no intention or ability to repay the price of goods to the accused as of the time of the transaction. As such, it is impossible to repay the price of goods with a change in economic conditions after the delivery
Therefore, it cannot be deemed as a crime of fraud (see, e.g., Supreme Court Decision 2005Do7481, Nov. 24, 2005). In this case, the following circumstances, which may be recognized by the evidence duly investigated and adopted by this court, i.e., (i) the F Co., Ltd. (hereinafter “F”) operated by the Defendant (hereinafter “F”), has increased its liabilities since 2015, and at the end of 2016.