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The defendant shall be innocent.
Reasons
1. The Defendant is the de facto operator of the E Co., Ltd. with the objective of the set pumps manufacturing business and wholesale and retail business, and F is a person who established and operated the set pumps sales corporation from the Defendant around January 2014, and upon receipt of a proposal, established the Victim G Co., Ltd. with the objective of selling the set pumps.
On March 24, 2014, the Defendant: “The trop pumps installed at H University is now in the state of trouble; it is necessary to repair approximately KRW 43,725,000.
As the fee to be entered into in KRW 50 million is expected to be paid for the repair cost of KRW 43,725,00, false statement was made.
However, in fact, H’s H law pumps established at H was not operated at the time when the Defendant was employed in the “I” company and did not receive the payment from H university. Thus, H university concluded a separate repair contract and did not intend to additionally pay KRW 50 million. However, even if the Defendant received KRW 43,725,000 from the injured party, he was a plan to use part of the repair cost for personal purposes.
The Defendant had F transfer KRW 43,725,00 from the account in the name of G corporation to E to the account in the name of G corporation, thereby defrauding it.
2. According to the evidence duly adopted and examined by this court, the Defendant notified F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of H of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of the Republic of Korea: KRW 11,703,00 out of the amount of KRW 43,725,00,000 deposited into the account in the name of E
In light of the above facts, it is doubtful that the defendant deceiving F as shown in the above facts charged, thereby deceiving 43,725,00 won from the victim company.