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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The summary of the grounds of appeal is as follows: (a) the Defendant had failed to operate H Co., Ltd. (hereinafter “H”) at the time of the instant case; (b) the fourth insurance premium and national tax were delinquent; (c) the Defendant had to pay monthly interest corresponding to KRW 400 million; (d) the Defendant had to pay the Defendant the Defendant’s obligation; and (e) used the Defendant’s obligation without paying the payment received from L Co., Ltd. (hereinafter “L”) which first ordered the production of the instant video work; and (e) the Defendant was guilty of fraud; (b) the lower court acquitted the Defendant, thereby adversely affecting the conclusion of the judgment.
2. Ex officio determination
A. Before the judgment on the grounds for appeal on the amendment of the indictment in the trial of the party, the prosecutor applied for the amendment of the indictment with the content that the indictment was modified as follows, and this court permitted this, thereby changing the subject of the judgment. As such, the judgment of the court below is no longer maintained.
However, the prosecutor's assertion of misunderstanding of facts is still subject to a trial of the political party within the scope of the modified facts, which will be examined below.
B. In the revised charges, on April 2012, the Defendant stated that, at the H office operated by the Defendant on the fiveth floor of the Gangnam-gu Seoul G Building, the Defendant would pay the production cost to N of the staff of J (hereinafter “J”) of the said company through I, who is an employee of the said company, “I would pay the production cost on June 7, 2012, if he produces two parts of the total video and video to be supplied to L.”
However, in fact, the above H’s business performance was poor, and the sum of 4 major insurance premiums of KRW 23,543,170 and the aggregate of 52,558,670 were delinquent and notified by the National Pension Management Corporation of the scheduled seizure order by the National Pension Management Corporation, and the personal debt of KRW 400,000 should be paid monthly interest, and therefore, it is necessary to pay the interest every month.