On November 16, 2010, the Defendant entered into a contract with the victim (ju F Office) office located in Sinsan-si, under which the victim would be supplied with a tit file using the helper in the G Construction site in Gyeonggi-do, and received KRW 50 million from the victim on the same day, stating that “The contract deposit shall be KRW 150,000,000,000,000,000,000,000,000 won.”

However, from 207 to H, I, and J, there have been continuous disputes due to the fact that the Defendant received advance payments and did not comply with the commitment. At the time of concluding the contract with the victim, the Defendant did not have entered into a contract with the Defendant to receive treatment construction and the supply of scrap metal at the above site. Thus, even if the Defendant did not have the ability to participate in the public tender for the sale and purchase of the set file, he did not have the intent or ability to supply 5,000 tons of the set file as agreed upon as above even if he did not receive the said money from the victim.

Nevertheless, the Defendant was issued KRW 150 million as the contractual performance guarantee as seen above, as if he could supply 500 tons of the prote file as a result of the conclusion of the contract with Daewoo Construction, which had already been concluded with the Defendant, by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, K, and L;

1. Partial statement of the witness J;

1. Each part of the protocol of examination of the accused by the prosecution (including the whole part in E and K);

1. E substitute part of the police interrogation protocol of the accused;

1. Each police statement to E, L, or K;

1. Part of the statement made by the police of J;

1. E statements;

1. A complaint;

1. The current status of personal depreciation or expropriation, such as a sales contract, transfer certificate, a written statement of performance, a certificate of delivery of goods, a certificate of guide for G construction, a statement of guarantee and deposit, a list of transactions of free deposits of enterprises, a sales contract for scrap metal and a statement of account transactions;

1. Investigative Report M telephone communications, the amount of damage will be used, and