beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. In full view of the Defendant’s financial history and the process of performing transactions at the time when the Defendant was supplied with the chickens from the victim, the lower court found the Defendant not guilty by misapprehending the legal doctrine, thereby misunderstanding the facts or misapprehending the legal doctrine.
2. Determination
A. The summary of the facts charged is that the Defendant is a person who runs a business under the trade name of Company G in the Nam-gu Incheon Metropolitan City, and H is a person who runs a business of supplying catch meat in the trade name of the victim J Co., Ltd. from Guri-si in the name of the victim J Co., Ltd., and the Defendant G and Appellant Co., Ltd. have continuously traded from around 2008
From September 2012 to October 15 of the same year, the Defendant sent to the victim by facsimile a written order to the effect that the Defendant would supply the chiller part of the G Office located in the Nam-gu Incheon Metropolitan City F to pay the normal price on the face of the State.
However, the Defendant, from October 11, 201, was liable to pay approximately KRW 250 million on an average to the Mapo head of the Tong. On June 18, 2012, the Defendant was under the control of the administrative agency and was anticipated to immediately suspend business operations. On September 6, 2012, the Defendant was subject to the business suspension disposition on September 6, 2012. On September 2012, 2012, even if the Defendant was supplied with the chilled and supplied the parts of the said goods, the Defendant was supplied with the chilled and part of the said goods worth KRW 89,429,960 from the victim.
Accordingly, the defendant was given property by deceiving the victim.
B. The intent of the crime of defraudation, which is a subjective constituent element of the judgment of the court below, is to be determined by comprehensively taking account of the objective circumstances such as the defendant's financial history, environment, details of the crime, and the process of transaction before and after the crime, unless the defendant makes a confession, and the crime of fraud is established through fraudulentation in relation