On October 31, 2014, the Defendant ordered the Victim E Co., Ltd. (hereinafter referred to as “victim E”) employees at “E agency operated by the Defendant in Cheongju-si, considerable amount of Cheongju-si to pay the purchase price of agricultural machinery normally on the agreed date, and ordered 1,016 items of agricultural machinery, including five small management machinery, the total amount of which is equivalent to KRW 930,529,204, and the total amount of KRW 17 items of agricultural machinery, including KRW 930,529,204, to pay the purchase price of the above agricultural machinery. For the payment of the purchase price of the above agricultural machinery, the Defendant issued a note of KRW 784,053,160 (F) and KRW 146,476,04 (G) as of July 15, 2015.

However, the Defendant was liable for a total of KRW 380 million, including borrowing KRW 200 million from the Korea Credit Union around July 15, 2014 in order to settle bills in the face value of KRW 250 million, which was delivered to the victim company as a purchase for agricultural machinery at the time of October 2014. Around July 15, 2014, KRW 20 million was spent every month due to interest on the above obligation, agency operation expenses, living expenses, etc., and the sales proceeds of agricultural machinery are used for both the purchase proceeds of the existing agricultural machinery and equipment and all the above expenditures, and there was no intention or ability to pay the bills properly on the date of the delivery of the bill.

As such, the Defendant: (a) by deceiving the victim company; and (b) from around that time to June 15, 2015, the Defendant was supplied with 17 agricultural machinery equivalent to the total amount of KRW 930,529,204; and (c) the total amount of KRW 1,016 agricultural machinery from October 31, 2014 to March 31, 2015; and (b) ordered agricultural machinery as indicated in the attached list of crimes between October 31, 2014 to June 15, 2015, and was supplied with agricultural machinery equivalent to KRW 1,157,721,54 in total from October 31, 2014 to June 15, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Account transactions;