The defendant pays 100,000 won to the applicant through deception. This is the case.

On March 12, 2015, the Defendant was awarded a contract at the victim B's office located in 205 U.S. C building in Busan Seo-gu, Busan, to D in the tender held in E university.

The E University made a false statement stating that “The supply of 2 sets of CNC base line equipment 2 sets to be supplied to the E University is changed by paying the cost of the cNC base equipment to cash up to May 25, 2015, by means of a credit to pay the cost of the cNC base equipment to the E University.”

However, at the time of fact, the Defendant was liable for a large amount of KRW 400 million in the absence of any property other than the real estate worth KRW 180 million at the market price. The said real estate had already been subject to the right to collateral security, such as where the right to collateral security was established and seizure, etc. related to unpaid taxes was completed. Even if the E university received money from the E university, it was thought that it would be used in the repayment of the existing obligation, so the Defendant did not have any intent or ability to pay the price even if he was supplied by the injured party.

Defendant deceptioned as above and acquired 2 sets of facilities of CNC conference in an amount equivalent to KRW 112 million in total of the market price on April 25, 2015 from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a copy of a contract for trading goods, a certified copy of real estate register, a output of publicly notified prices of multi-family housing, and

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 25(2), Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases Concerning the Promotion, etc. of Compensation Orders and Sentence of Provisional Execution (Records of the record, the Defendant is recognized to have repaid KRW 2.5 million out of the amount obtained by deceiving the applicant on July 29, 2015.

However, the Defendant is jointly and severally with F Co., Ltd. on August 24, 2015 until September 15, 2015.