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The defendant shall be innocent.
Reasons
1. The Defendant is a person who, from around 1994. to August 2012, operated E Co., Ltd. a company that manufactures and supplies storage tanks, etc. in W from inn, to inn, from around 1994.
On May 10, 2012, the Defendant concluded that “The Defendant would pay KRW 229,350,000 on the face value of the transport of the products of the E Co., Ltd. to an employee in charge of F, who was engaged in special cargo transport business at the office of the said E Co., Ltd., by transporting the products PAL TOL 1 and SALO 4 equipment from inn to inn, and by transporting the products of the E Co., Ltd. to inn.”
However, the Defendant, at the time of the above E Company’s failure to invest and refund loans due to the relocation of the factory, etc., led to the aggravation of management status and the shortage of funds, and the obligation of clients and financial institutions was about KRW 10.4 billion, and the obligation of the clients and financial institutions was about KRW 3 billion, and there was no intention or ability to pay the transport amount to the victims.
As such, the Defendant, by deceiving the victim, had the victim take advantage of the same amount, and had the victim take advantage of the same amount, on two occasions on May 26, 2012, and around June 21, 2012, the Defendant did not pay KRW 229,350,000, even though he did not pay the transport cost.
2. Determination
A. In light of the following circumstances revealed by the evidence adopted by the court and examined by this court, the Defendant, even though he did not have any capacity or intent to pay the transport cost to the victim company, constitutes such fact and concluded a contract with the victim company and caused the victim company to transport the manufactured goods.
It is difficult to see it.
Ultimately, the evidence submitted by the prosecutor alone proves that the criminal intent of deception or deception by the defendant is so proven that there is no reasonable doubt.
It is difficult to see it.
① We examine the process of concluding the instant transport contract with the Defendant Company and the victim Company.
The representative G of the victim company is the corporation J, which is located in I for the duties of directors H and the end of 2011.