The defendant shall be innocent.

1. The summary of the facts charged is a person who carries on the manufacturing business of shipbuilding machinery under the trade name of "C" from Gangseo-gu Busan Metropolitan Government B.

On August 10, 2017, the Defendant, at the above C office, made a false statement to the effect that “on delivery, the Defendant would pay the price for painting in cash after two months.”

However, the Defendant had a financial obligation equivalent to KRW 2.7 billion at the time, such as bank obligations, and 35 million won was unpaid, and several provisional seizures were made against factory sites, etc. by failing to pay the price to at least 20 transaction companies, and even if the parts were supplied to the original office and paid the price, the employees failed to pay the monthly salary or retirement allowances of at least KRW 100 million and did not pay interest on the loans from the bank and applied for a simplified rehabilitation procedure around September 2017 and around October 2017, it did not have any intent or ability to pay the price when he/she requested D with seal.

Ultimately, the Defendant, as seen above, by deceiving D and being supplied with goods equivalent to KRW 3,781,80 from D, and was supplied with goods equivalent to KRW 16,156,913 in total on five occasions from around October 24, 2017 to around October 24, 2017.

2. Whether fraud is established through the defraudation of the transactional goods is determined by whether the victim had the intent to acquire the goods from the victim by making a false statement as if the victim would pay the price of the goods, although there is no intent or ability to pay the price of the goods at the time of the transaction. Therefore, it is deemed that the delivery cannot be made in a lump sum because the price of the goods cannot be paid due to changes in economic conditions after the delivery