If the defendant does not pay the above fine, KRW 100,000.

The Defendant was engaged in the water trading business, and C was a person who operated a agricultural and fishery product processing plant in the name of (ju) E in Gyeongcheon-gun, Gyeongnam-gun, and the Defendant purchased from C any tank, croat and scrap iron in (ju) E, and decided to sell them to F.

On November 30, 2013, the Defendant may sell at least 50 million won to the Victim F, subject to the condition that he/she may deliver all of the tanks and scrap irons, etc. installed in the “(ju) factory” to the Victim F, within the head of the business (ju) E, by November 30, 2013.

“A false statement” was made.

However, in fact, the real estate and the movable property at the E E business place (ju) had no intention or ability to transfer the said tank lorries and scrap metal to the due date for delivery, even if the injured party received the down payment for the said scrap metal sales, because of the lack of funds by the company around February 7, 2012, the creditors filed an application for auction due to the lack of funds by the company, and due to the filing of a lawsuit for confirmation of the application of lien or the absence of lien, etc. on November 2013.

Nevertheless, the Defendant deceivings the victim by means of not notifying the victim of the fact that an auction is being conducted for the said tank, scrap metal, etc., and such deceptions were made two times, including KRW 5 million on November 5, 2013, and KRW 5 million on November 5, 2013, around November 5, 2013, and KRW 10 million on the instant facts charged. However, according to the evidence duly adopted and duly examined by the court, the Defendant paid KRW 5 million on two occasions each time.

On the other hand, the above fact finding does not affect the defendant's defense, so it is recognized ex officio without going through the amendment process of indictment.

Around November 9, 2013, after receiving KRW 10 million throughout the year, remitted KRW 15 million to C’s account from November 9, 2013, and defrauded KRW 25 million in total.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness F;