[2012 Highest 1034]

1. Fraud against the victim C;

A. On October 6, 201, the Defendant: (a) at the office of the victim E (E) (hereinafter “E”) operated by Yeongdeungpo-gu Seoul Metropolitan Government D 106 Dong 401, the Defendant was liable for a debt of KRW 50 million at the time, and did not have any particular property or income; (b) even if concluding a contract with the victim on the bidding for the selection of the supplier of the goods conducted by the Public Procurement Service under the name of the victim, the Defendant participated in the bidding for the selection of the supplier under the name of the Public Procurement Service and received the bid at a minimum price without considering profits, etc.; (c) received the purchase price for the goods from the victim and used it as personal liabilities and living expenses, etc.; and (d) did not have the intent or ability to pay the borrowed money to the victim, and (d) did not have any intent or ability to receive the funds, the Defendant then borrowed the funds from the funds borrowed to the victim under the name of 100 million in exchange for the funds borrowed from the Defendant’s account.

B. On October 28, 2011, the Defendant: (a) around the foregoing E office; (b) in fact, G is an enterprise that does not produce solar energy experimental devices, etc.; and (c) although there was no fact that it concluded a purchase contract, such as solar energy experimental devices equivalent to KRW 18.5 million with the above company, the Defendant purchased solar energy experimental devices, etc. equivalent to KRW 18.5 million from G as the Defendant was awarded a contract at the Government Procurement Service to supply goods to H announcement.

1. A down payment shall be once the account entered in a written estimate.