Around June 2017, the Defendant made a false statement to the victim D that “C” office operated by the Defendant in Gangseo-gu Busan Metropolitan Government (hereinafter “C”), stating that “When the Defendant supplied the iron plate to the company run within the country, the Defendant would make the steel plate to be supplied to E, and that the steel price would be settled after one month.” Since there is a stable and fixed customer, our company would have no problem in paying the price.”

However, in fact, the Defendant did not have any particular property at the time, and not only did not have any tax in arrears amount to KRW 400 million, but also did not have a very good financial situation, such as the obligation to be borne by financial institutions, etc., and was used to pay the pre-existing credit payment and personal debt by receiving the payment from the supplier of the steel structure, and thus, the Defendant did not have the ability to pay the pre-existing sales price to the victim as agreed even if he was supplied with the pre-existing sales.

On July 12, 2017, the Defendant deceptioned the victim as above, and acquired 31,260 km equivalent to KRW 24,742,30 from the victim, and acquired 62,543 km of the steel plate equivalent to KRW 19,835,519, around July 17, 2017. < Amended by Act No. 14837, Jul. 24, 2017; Act No. 13935, Jul. 24, 2017; Act No. 139, Jul. 6, 2017; Act No. 149,717,019 won.

Summary of Evidence

1. Legal statement of witness D;

1. Examination protocol of the accused by prosecution;

1. Statement by the prosecution concerning D;

1. Statement made to D by the police;

1. The defendant and the defense counsel asserts that "the defendant did not have the criminal intent to obtain fraud, and even if the defendant had the criminal intent to obtain fraud, the amount acquired shall be 38,717,019 won," such as electronic tax invoices, full certificate of registered matters, investigation report (personal credit rating inquiry), investigation report (the statement of tax payment), investigation report (Attachment of detailed statement of deposit transaction by the G Cooperatives), investigation report (Attachment of detailed statement of deposit transaction by the G Cooperatives), investigation report (Attachment of detailed statement of account transaction by the G Cooperatives)."

However, the following are revealed through each of the above evidence.