On March 23, 2012, the Defendant was sentenced to a suspended sentence of six months of imprisonment at the Jeonju District Court for fraud, and the judgment became final and conclusive on March 31, 2012.

[2012 Highest 906]

1. The Defendant: (1) was the actual operator of the CC; (2) around December 10, 2010, the Defendant concluded a cargo supply contract with the victim F on the soil and stone, etc. generated from the NA located in the area of the Jeonjin-gu, Chungcheongnam-gu, Seoul; and (3) on December 10, 201, the Defendant stated that “I would make a lump sum repayment of KRW 68 million, including interest and cash, at the end of each month, as the construction deposit to be paid to the G H is insufficient; and (4) if the construction deposit to be paid to the said H is short of the construction deposit to be used as the construction deposit, the amount shall be paid in cash at the end of each month; and (4) the Defendant would make a lump sum payment of KRW 70 million including interest and cash

However, even if the defendant borrowed the above money from the victim, he did not have the intention or ability to pay it.

Nevertheless, the Defendant, as such, by deceiving the victim, received the total amount of KRW 10 million from the victim on December 10, 2010, and KRW 60 million on December 15, 2010 from the victim to the head of the post office (J) under the name of the Defendant, and received the remittance of KRW 70 million in total.

[2012 Highest 1598]

2. On December 20, 2010, the Defendant concluded a contract with the victim to collect earth and stones from the tinsan mountain inside the inside and supply them to the Saemangeum Open Site. The Defendant stated that “The Defendant will pay the transport cost on the 15th day of each month by transporting stone.”

However, at the time, the Defendant was unable to repay the amount of KRW 5 million out of the amount borrowed from the purchase price of used vehicles by the Dongyang Life Insurance Co., Ltd., and the head of the Tong was seized. The Defendant was unable to borrow KRW 70 million from F in relation to the above collection of earth and stone, and there was no intention or ability to pay the transport cost normally even if the Defendant had the victim transported earth and stone.

Nevertheless, the Defendant.