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The defendant is innocent.
Reasons
1. The Defendant in the facts charged is a person who operated the clothing sales chain E in Yangcheon-gu Seoul Metropolitan Government, and the H agency in Jung-gu, Seoul.
On December 2, 2007, the Defendant made a false statement to the effect that “The Defendant would necessarily pay the face value of clothes to the victim by supplying the G bill to cost,” at the office of the victimJ located in Seo-gu Daejeon, Seo-gu, Daejeon.
However, at the time, the business of G company H agency operated by the defendant continued to worsen, and the circumstances were to adjust the above liabilities with the sales proceeds of clothes supplied by the victim due to K, including K, which is the head office of G company in transactions with the above company E, and the sales proceeds of the clothes supplied by the victim. Furthermore, since the financial situation of G company M, which operated by the Dong L guaranteed by the defendant, has a high possibility of bankruptcy (the actual bankruptcy of May 2008), M, which operated by the Dong L, operated by the defendant, did not have the intent or ability to pay the price normally even if the victim is supplied with the clothes from the victim.
Nevertheless, the Defendant, by deceiving the victim, was supplied with clothing equivalent to KRW 93,652,940 from the victim, to pay only KRW 30,000 among them, and did not pay the remainder of KRW 63,652,940.
2. Although the Defendant’s defense counsel was supplied with clothing equivalent to KRW 93,652,940 from the victim and paid KRW 30,000 among them, the Defendant did not have any intent or ability to pay the price from the beginning, such as facts charged, although the Defendant’s defense counsel did not have any intent or ability to pay the price from the beginning.
3. Determination
A. In order to be found guilty of the facts charged, the intent of the Defendant to pay the amount to the Defendant around December 2, 2007, at the time of receiving the sentence from the victim, is to be determined at the time of the crime.