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The defendant shall be innocent.
Reasons
1. The Defendant in the facts charged is a person who operated D, which is an order-making distributor from around 2007 to June 30, 2016.
On September 24, 2014, the Defendant entered into a test contract with the victim of G Co., Ltd., operated by Gangnam-gu Seoul E and 5th floor victim F, with the purport that “The Defendant orders 11 German Pagle 11 model 3,300 to the victim within the time limit. Down payment is paid in advance and the remainder is paid at the time of completion of the product.”
However, at the time of the fact, the Defendant was unable to pay approximately KRW 200 million loans related to the operation of the above company, and KRW 200 million personal debt was 200 million, and some of the money received from the injured party was used as monthly wages of employees, repayment of personal debt, etc., and even if he received money from the injured party as the price for production, he did not have the intent or ability to supply the prior art products properly as the said promise.
Around September 24, 2014, the Defendant: (a) by deceiving the victim; (b) received KRW 32 million from the victim to the national bank account in the name of the Defendant from the victim; and (c) received the remittance of KRW 32 million from the name of the national bank account in the name of the Defendant; and (d) received the remittance of KRW 124 million in total over 12 times from around that time to May 8, 2015, as indicated in the list of crimes in the separate list of crimes.
2. According to the evidence submitted by the Prosecutor, the following facts are acknowledged: (a) even if the Defendant received the price of goods as stated in the facts charged, but did not supply only part of the agreed quantity, and the remainder was not supplied; (b) the considerable portion of the price of goods paid by the injured party was used for personal use or business operation expenses, etc.; (c) the Defendant closed down around June 30, 2016 when the damaged party did not supply all the agreed goods; and (d) the contact was interrupted from around that time.
However, this Court is legitimate.