The defendant shall be innocent.

The defendant received KRW 12.5 million from the complainant, but this was used to acquire the right to purchase the waste cable with the expenses for the promotion of the project, and there was no intention or ability to promote the contract for the purchase of waste cable or there was a criminal intent to commit fraud.

subsection (b) of this section.

Nevertheless, the judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous.

2. Determination

A. Around March 4, 2013, the summary of the facts charged was prepared by the Defendant in the office of the Dispute Resolution Co., Ltd. in Songpa-gu Seoul Metropolitan Government, stating that “In this case, there is a relationship with KTF, there is a photo,” and false statement was made as if it could enable the Defendant to purchase waste cable from KT at the prime place of expenses and entertainment expenses, thereby allowing the Defendant to obtain a right to purchase waste cable from KT, instead of allowing the Defendant to obtain a right to purchase waste cable from KT, the Defendant would pay KRW 115 per cent of the purchase quantity to the Defendant, and the Defendant would distribute 30 won among them to the complainant in the fee.”

However, in fact, the defendant did not have the intention or ability to acquire the right to purchase the waste cable from KT.

Defendant deceiving the complainant as above and received KRW 12,50,000,000 from the complainant to the account in the name of the Defendant’s wife H, KRW 2,50,000 on March 8, 2013, KRW 500,000 on May 14, 2013, and KRW 5 million on May 16, 2013.

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence presented in the lower judgment.

(c)

judgment of the court.