The defendant shall be innocent.

1. The summary of the facts charged is a person who served as a representative director of C in the business of manufacturing lectures, steel structures, pressure vessels, metal containers, etc.

On August 28, 2013, the Defendant: (a) around 2013, the Victim G, who operates F through C’s director E of C, is required to follow the “H project; (b) a building-related V and a width is required.

A false statement was made to the effect that it would pay the price not later than September 30, 2013 at the prime place of delivery of V or widths.

However, in fact, C had a loan obligation equivalent to KRW 4,389,161,402, and a loan obligation equivalent to KRW 777,545,531, and a loan obligation equivalent to KRW 777,545,531, and New Mine SDRP, Inc., a main trading partner of C, was in a situation where management is difficult due to the failure of payment on June 2012, there was no intention or ability to pay the price even if it is supplied by the injured party.

The Defendant received from the victimized person KRW 3,295,948 on August 28, 2013, KRW 1,719,644 on September 13, 2013, KRW 1,739,305 on September 17, 2013, KRW 1,475,828 on September 24, 2013, KRW 2,56,238 on September 24, 2013, KRW 6,206, KRW 482 on September 26, 2013, KRW 2,717,00 on October 25, 2013, KRW 194,50 on supply, KRW 75,50 on September 24, 2013, KRW 6,206, KRW 482 on September 26, 2013, KRW 2,717,00 on October 25, 2013.

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

2. Determination

A. The existence of the crime of fraud, which is a subjective element of fraud, shall be determined by comprehensively taking into account the objective circumstances such as the defendant's financial history, environment, contents of the crime, process of transaction, and relationship with the complainant, unless the defendant makes a confession (see, e.g., Supreme Court Decisions 85Do2662, Jul. 7, 1987; 95Do3034, Mar. 26, 1996). Since the establishment of fraud by defraudation of property should be determined at the time of receiving the property, it shall be determined at the time of receiving the property. Thus, if the defendant had the intent and ability to perform the consideration at the time of receiving the property from the complainant.