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The defendant shall be innocent.
Reasons
1. Around August 2009, the Defendant, at the second floor of the Seoul Gangnam-gu D Building, presented a payment guarantee letter and a goods supply contract to the victim via G, a victim F’s employee, at the office of Gangnam-gu Seoul, the Defendant made a false statement to the effect that “The Defendant would pay the price in the soon as possible for the supply of bedclothes.”
However, there was no intention or ability to pay the price as agreed even if it is supplied with bedclothess.
On October 20, 2009, the Defendant received delivery from the victim of bedclothes 20,062,70 won at the market price of 22,062,700.
Accordingly, the defendant was given property by deceiving the victim.
2. Determination
A. The main reason for determining that the complainant was deceiving the Defendant from the Defendant is that the payment guarantee company under the payment guarantee letter issued by the Defendant as a security for the payment of the price at the time of the instant case is a fake company, and that the Defendant had prepared a promissory note in the name of the company with concealment of it even after the Defendant had already discontinued its business
B. The record reveals the following circumstances.
(1) The Defendant received only KRW 11 million from H supplied with the above goods via the Defendant, and paid them to the complainants immediately, and the Defendant was unable to pay money to the complainants because business was difficult because it did not receive the remainder from H. Therefore, there is no evidence as to whether the Defendant did not intend to commit fraud at the time of the instant case, and whether H paid the goods to the Defendant in full.
(2) On October 20, 2009, the complainant sent all of the instant bedclothess to the Defendant, and on November 17, 2009, the Defendant paid KRW 11 million to the complainants of the price of the goods.
In addition, on January 29, 2010, the defendant paid 11,062,70 won to the complainant, which corresponds to the balance of the price of the goods.