Around September 24, 2014, at the F office located in Gangnam-gu Seoul Metropolitan Government, the director of the said company entered into a contract with the Defendant and the head of the headquarters, and the victim J’s agent and entered into a regular contract to purchase the F and the machinery and equipment and scrap metal of the Lone Star-blade between F and Lone Star-C Co., Ltd. (hereinafter “Lone Star-C”); and among them, the said contract was concluded between F and F and Lone Star-C Co., Ltd. (hereinafter “Lone Star-C”) to purchase the scrap metal from F to five billion won (hereinafter “instant contract”), and received KRW 100 million from the victim to the new bank account in the name of F as the down payment on September 29, 2014, and transferred the money in total by receiving KRW 4.5 billion from the Korean bank account to L.C. 45 billion.

However, the fact is that F does not have any intention or ability to sell the scrap metal again to the victim for 5 billion won since F did not have any capacity to purchase the machinery and equipment and the scrap metal in a fixed manner between F and Lone Star C, and since F did not have any particular property or income, it did not have any financial capacity to purchase the machinery and equipment and the scrap metal in 21 billion won from Lone Star C.

Nevertheless, upon receipt of a request from H to display a contract for the sale and purchase between E and Lone Star, the Defendant conspiredd with H by explaining that “the contract for the sale and purchase of the Lone Star is concluded, and it cannot be shown the security commercial contract.” According to the Defendant and E’s instructions, H already concluded a contract for the purchase of the machinery and equipment and scrap metal of Lone Star kystar between F and Lone Star kystar kystar, and to K to indicate the contract for the sale and purchase of the scrap metal at KRW 5 billion.