Of the facts charged in the instant case, the fraud against the victim D is committed.

[2014 Highest 1762]

1. On July 2009, the Defendant concluded a contract for public works with M&D Co., Ltd. (hereinafter “M construction”) in relation to the creation of the said industrial complex, but concluded a contract for public works with H&D Co., Ltd. (hereinafter “M construction”), and subsequently borrowed KRW 400 million from M&D and borrowed KRW 200 million in order to cancel the said contract, the Defendant concluded a contract for public works with H&D and terminated the contract for public works by selling the developed industrial complex as a factory site.

However, the defendant did not have any intention to pay KRW 200 million to M&D because he thought that he would use the contract for civil works with M&D for personal purposes.

On September 7, 2009, the Defendant, by deceiving the victim E, received a total of KRW 35 million from the office in the H B coal branch operated by the victim E, and KRW 17.25 million from the P office operated by the Defendant in Pyeongtaek-siO, KRW 40 million on November 19, 2009, KRW 200 million on November 19, 2009, and KRW 30 million on March 23, 2010, total of KRW 200 million from the P office operated by the Defendant in Pyeongtaek-siO.

Accordingly, the defendant was given property by deceiving the victim E.

2. In introducing Q as a “G” restaurant located in Pyeongtaek-si F as a “R Construction Staff” in early 2010, the Defendant introduced that Q is a “G” restaurant located in Pyeongtaek-si, and if so, E cannot contract civil engineering works to acquire a site for the industrial complex planned in R Construction. In order to not transfer the industrial complex development project right to R Construction, it is necessary to additionally lend KRW 200 million to Q.”