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The defendant shall be innocent.
Reasons
1. On June 10, 201, the summary of the facts charged stated that “The Defendant changed the amount of KRW 50 million to the customer designated by the Party at the G office located in the G office located in the U.S. F in the U.S., operated by the Defendant, that “The amount of scrap metal exceeding 300 tons in one month is to be supplied to the customer designated by the Party.”
However, even if the defendant received the deposit from the complainant, he did not intend to supply it to the complainant, and did not secure the customer who would supply the scrap metal, so there was no intention or ability to supply the scrap metal to the complainant.
The Defendant, by deceiving the complainant as above, received each of the KRW 20 million from the complainant to the Agricultural Cooperative Account in the name of the complainant on June 16, 2011 and July 7, 2011, and received cash of KRW 10 million through J on July 7, 201, and acquired a total of KRW 50 million from the complainant.
2. In full view of the following circumstances revealed in the records and pleadings of the instant case, it is difficult to deem that the Defendant had a criminal intent to obtain fraud at the time.
① When the Defendant operates a G to collect and sell scrap metal and non-ferrous metal, he/she received a demand from the complainant on June 201 to increase the amount of scrap metal in the amount of 300 tons per month from the complainant and received the money recorded in the facts charged from the complainant under the name of the deposit. ② At the time, the Defendant orders the complainant to make a scrap metal with respect to the method of trading between the complainant and the complainant, the Defendant shall, upon securing the scrap metal, keep the scrap metal to the client designated by the complainant, and the complainant shall, upon receiving the scrap metal from the customer and settling the balance after deducting the margin of the complainant, pay it to the Defendant. In cases where the transaction with the complainant is terminated finally, the Defendant agreed to return the deposit received from the complainant to the complainant, and thereafter, the Defendant agreed on June 17, 2011.