The defendant shall be innocent.

1. The Defendant is a person who actually operated (State) D in Busan-gun from January 2, 2009 to July 2, 2009.

On January 2009, the Defendant made a false statement to the victim H (the death of April 2009) by telephone via G at the construction site in Busan-gun E, Busan-gun, stating that “The Defendant shall promptly perform the construction work and promptly supply iron nets, fences, etc., and immediately pay the price upon completion of the construction work.”

However, in fact, the Defendant was declared bankrupt and was not able to pay approximately KRW 60 million at the time, and there was no other property. Around January 2009, the Defendant was in excess of the obligation, such as borrowing approximately KRW 35 million from I, etc. while taking over the said (D) and borrowing approximately KRW 35 million from I, etc., so the Defendant did not have the intent or ability to pay the said amount even if the steel network and fence construction was done.

Nevertheless, the Defendant, by deceiving the victim as above, received from the victim the sum total of KRW 61,967,400 from the victim to March 2, 2009, and acquired it by deception.

2. The defense counsel asserts that the defendant did not deceiving the victim and did not have any intention to deception.

According to the records of this case, ① the Defendant entered into a contract for the construction of steel networks and fences with the victim in the name of G and J in 207 and 2008 on three occasions in the operation of the (oil) D in the operation of G and J and (oil) D, and on three occasions in 2008 (supply) D). ② In this case, G requested the victim to supply and construct materials, and the victim received the full payment from the original contractor after completing the steel network and fences construction over three times, ③ Hyundai Construction requested the victim to contact with G to damage the fourth network and fences construction, and G introduced the above four construction works to the Defendant who operated the dispute resolution resolution resolution resolution resolution resolution resolution resolution resolution resolution, ④ at the time of requesting the victim to supply and construct materials.