"2016 Highest 3148"

1. The Defendant is a person who is engaged in the processing business after receiving black materials while operating the company D (hereinafter “D”) in Gwangju Mine-gu.

피고인은 2015. 7. 경 D 사무실에서 피해자 E에게 “ 흑연 소재를 공급하여 주면 1㎤ 당 26원을 지급하겠다, 마감일은 매월 말일을 기준으로 하여 마감을 하고, 마감 후 60일 후에 현금으로 지급하겠다.

“A false statement” was made.

However, in fact, while engaging in black material processing business, the Defendant did not have an intention or ability to pay the above price even if he received the above goods from the injured party, such as voluntary sale of the machines owned by another person and so forth, even though he did not have an intention or ability to pay the D staff F, etc., in the status that the obligation amounted to 4 billion won due to operational difficulties and exceeds active property.

Nevertheless, as above, the Defendant was supplied with black materials equivalent to KRW 69,332,796 from July 29, 2015 to November 6, 2015.

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

"2016 Highest 5391"

2. On October 30, 2014, the Defendant entered into a lease agreement with the said company in the name of the said company on the condition that the costs of KRW 140,000,020 per month leasing fees of KRW 4020,80,000 acquired for the Korean Capital Capital and one machine “singing center,” a victimized company, and received delivery of the said machinery under the said company’s management, on the condition that the Defendant paid in 36-month installments.

While the Defendant kept the said machinery for the victimized company in accordance with the above lease agreement, the Defendant sold the said machinery at around October 2015 to G engaged in the manufacturing business at the Southern Industrial Complex at the same place and embezzled the said machinery by using the proceeds as the company’s operating fund.

Summary of Evidence

"2016 Highest 3148"

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Part of each prosecutor’s statement protocol with respect to H and I.