Defendant

A is the representative director of (ju)C, who is a wholesale and retail company, and Defendant B is the business director of the above company.

Since November 2016, the Defendants conspiredd to be supplied with aggregate to the business partner without truely speaking about the financial situation of the above (State)C, the Defendants made a false statement to the F who operates the victim (State) E, a supplier of aggregate through D, the Deputy Management Director of the said State, that “if you supply aggregate to the main G factory, you will pay the price in cash by the 25th day of the following month.”

However, at the time of fact, the obligations of the (State)C were more than one billion won, and there has been no financial situation such as failure to pay fuel expenses, card arrears, and the credit payment of the transaction partner for the designated vehicles. Even when receiving the aggregate payment from the (State)G, the plan was planned to use the aggregate due to the repayment of the obligations of the said State, and thus, there was no intent and ability to pay the aggregate even if the aggregate was supplied by the victim.

Ultimately, around November 1, 2016, the Defendants conspired to induce the victim, and caused the victim to supply aggregate amounting to KRW 2,300,100 at the market price to the (ju) G factory located in Seo-gu Incheon Metropolitan City, Seo-gu, Incheon, and caused (ju)G to receive aggregate amounting to KRW 129,824,200 at a total of 77 times until December 28, 2016, as shown in the list of crimes in the attached crime.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness F;

1. Each prosecutor and police suspect interrogation protocol against the Defendants

1. Full certification of matters to be registered, and application of Acts and subordinate statutes;

1. Determination as to the Defendants and their defense counsel’s assertion of the pertinent provision of the Criminal Act and Articles 347(2) and (1) and 30 of the Criminal Act for the selection of criminal facts (consumptive to imprisonment)

1. The summary of the assertion is that the Defendants had the intent and ability to pay aggregate to the victims, but the amount of KRW 200 million to C (hereinafter “C”).