To sell beer 300,000 of the earth and stones.

“The victim made a false statement as if he/she could have the victim take the earth and stone normally.”

However, prior to the conclusion of a sales contract with the victim as a state-owned land, the Defendant had already been notified of the public notice of the prohibition of shipping earth and sand and its contents. Therefore, even if receiving earth and stone from the victim, there was no intention or ability to provide earth and stone to the victim.

Around September 6, 2013, the Defendant received total of KRW 15,482,100 from the victim to the same account around July 3, 2014, a total of KRW 10,482,100 from the Defendant’s wife’s corporate bank account (K) around September 6, 2013 as earth and stones payment.

Accordingly, the defendant was given property by deceiving the victim.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence adopted and examined by the court, the Defendant appears to have been aware of the fact that the Defendant, the representative director of L Co., Ltd. (hereinafter “L”), could be difficult to remove G land’s earth and stone at the time of talking as if he could provide 300,000 U.S. (hereinafter “L”) with earth and stone, and L would have paid the amount indicated in the facts charged according to the earth and stone sales contract concluded with the Defendant.

1) G land is a state-owned land, and the Defendant, F, G, and I land (hereinafter collectively referred to as “each of the instant land”) entered into a contract for the purchase of earth and stones and took out earth and stones from the newanan-gun on January 2013.