On April 2016, the Defendant entered into a contract on the transportation and disposal of aggregate (soil, stone and rock) generated from the site for the construction of the site for the GH H H warehouse facilities with F, the victim E representative, and GH storage facilities.

The above aggregate transport and treatment contract refers to the payment of KRW 75,00 per unit to the defendant when soil is taken out from a construction site, the payment of KRW 55,000 per unit to the victim if rock is taken out, and the payment of KRW 55,00 per unit to the victim if wind is taken out, and the defendant will be unpaid if wind is taken out, but the aggregate rock and wind rock shall be settled on the basis of the vehicle taken out from the place of aggregate.

“The content of “....”

The defendant did not have the intent and ability to pay to the victim the amount of damage caused by the removal of tin as a result of the above contract.

On July 25, 2016, the Defendant carried in 23 parts of 23 vehicles to I, a company located in Gwangju metropolitan city, and paid KRW 1,219,00,00 in total per 1,219,00 of 1,23,00 the 23 vehicles into the above aggregate site for the construction of the site for the above warehouse facilities, but brought in culmatic cancer to the victim even though he/she was paid in the above aggregate site.

In addition, the financial profit equivalent to the above amount was acquired.

2. Determination

A. The evidence as shown in the facts charged in the instant case includes the Defendant’s partial statement, the police’s statement to J and its accompanying materials, some of the police’s statement to K and the construction contract (Evidence No. 235 pages).

In full view of this, the following facts are recognized.

The Defendant, the representative of E and D Co., Ltd. (hereinafter “D”), the F Co., Ltd. (hereinafter “F”), drafted a construction contract (hereinafter “instant contract”) with respect to the construction site for H warehouse facilities (hereinafter “instant construction site”).

According to the contract of this case, D shall take out and transport aggregate at the construction site of this case.