The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant is a person who operates F in DMa in Suwon-si, Suwon-si, Si E, Gunpo-si, and 1.

The Defendant, from the end of June 2016 to the end of September 2016, by deceiving the victim as if he would normally pay the amount, received the goods equivalent to the sum of KRW 4,026,260, including the amount of the said D Mart and the said F, from the victim, to the said D Mart and the said F.

However, the defendant did not have any intention or ability to pay the price even if he received the goods from the injured party due to the lack of property that had been suffering from management difficulties in relation to the above management due to the depression in sales.

Nevertheless, the defendant knew the victim and received the delivery of goods equivalent to KRW 4,026,260.

2. The intent of the crime of defraudation, which is a subjective constituent element of the judgment of fraud, is to be determined by comprehensively taking account of the objective circumstances such as the Defendant’s financial history, environment, details of the crime, and the process of performing transactions before and after the crime, insofar as the Defendant does not make a confession (see, e.g., Supreme Court Decision 2004Do3515, Dec. 10, 2004). In the transaction of goods, whether the crime of fraud by defraudation is established shall be determined by whether the Defendant had the intention to acquire the goods, etc. from the damaged person by making a false statement as if the Defendant did not have the intent or ability to repay the price of goods to the victim as at the time of the transaction, even though there was no intention or ability

On the other hand, it cannot be deemed a crime of fraud (see Supreme Court Decision 2002Do5265, Jan. 24, 2003, etc.). (b) In the course of a transaction conducted in the course of a project, where the nonperformance of the obligation is predicted, and the sexual part of the crime of fraud against the relevant corporate manager is at issue, the corporate body was in a state of poor management at the time of the transaction, and thus, is in a bankruptcy according to the circumstances.