1. On May 2, 2012, the Defendant stated that “The Defendant, at the E Co., Ltd. office located in the fourth floor of the building in Jung-gu Seoul, Jung-gu, Seoul Special Metropolitan City, there is a temporary material equivalent to KRW 160,000,000,000 from the site located in Jung-gu and the construction site located in Jung-gu, Seoul Special Metropolitan City, that “The Defendant changed the amount of KRW 35,00,000 in advance, on the condition that materials equivalent to KRW 90,000,000,000 will be removed, are supplied until June 30, 2012.”

However, in fact, the Defendant did not have any permanent materials owned by the said company at the site of the Habcheon-si Construction Project, and the other construction site was not in a situation where construction materials could be released due to the progress of the construction. Therefore, even if the Defendant received advance payments from the victim, the Defendant did not have the intent or ability to supply the permanent materials equivalent to KRW 90 million within the agreed date.

Nevertheless, the Defendant, by deceiving the victim as above, received 35 million won from the victim to the bank account (Account Number J) in the name of the victim I on the same day and acquired it.

2. On April 10, 2013, the Defendant stated that “The Defendant would rent the temporary materials for construction for a period of one-month, since it is necessary for the temporary materials at the location of the Bara construction site constructed in Gwangju City N, as it is necessary in the inside of the State to possess the temporary materials at the site of the Bara construction site constructed in Gwangju City.”

However, the defendant did not proceed with the Dora Construction in Gwangju City, and the defendant did not have the intention or ability to use it at the site of the Dora Construction site by leasing building materials when he received building materials from the victim.

그럼에도 불구하고 피고인은 위와 같이 피해자를 기망하여 이에 속은 피해자로부터 같은 날 4.2m짜리 받침대(샷보드) 500개(개당 17,500원), 3.5m짜리 받침대 500개(개당 16,000원), 3m짜리 파이프 500개(개당 8,300원),...