On July 5, 2013, the Defendant made a false statement to the effect that “The Defendant would immediately pay the price to the victim if he/she would supply the Dong,” at the D office located in C at the time of interesting in the operation of the Victim B.

However, the defendant did not have the intention or ability to pay the price even if he purchases the same from the damaged person.

The Defendant, as such, by deceiving the victim, received a total amount of KRW 69,862,00 from the victim, namely, KRW 4,402 g (kg) and KRW 1,659 g (kg per 8,100) and obtained a total of KRW 9 tons of the market price of 69,862,00.

Summary of Evidence

1. Statement made by the prosecution against E;

1. Some statements made against the defendant during the police interrogation protocol;

1. Each police statement made to B or F;

1. Application of Acts and subordinate statutes to investigation reports (referring to the filing of data submitted by witnesses E - a copy of measurement certificate), investigation reports (referring to the filing of data submitted by witnesses E - account transaction details), investigation reports (referring to the filing of data submitted by witnesses E - confirmation

1. It is so decided as per Disposition on the grounds that the relevant Article of the Criminal Act, Article 347(1) of the Criminal Act, the choice of punishment for the crime is higher than that of imprisonment;