The defendant shall be innocent.

1. Around August 7, 2011, the Defendant made a false statement on the charge that “Around August 7, 2011, the Defendant ordered the victim C to remove the redevelopment site located in Yeongdeungpo-gu Seoul Metropolitan Government D, and all scrap metal generated in this field are handed over, and the purchase price shall be KRW 10 million.”

However, in fact, the Defendant did not have the authority to deal with scrap metal arising from the above redevelopment site. Therefore, even if the Defendant received the purchase price, the Defendant did not have the intent or ability to deliver scrap metal, etc.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) by deceiving the victim from the victim on August 8, 201, the victim acquired KRW 10 million from the victim to the account (E) of our bank account of the name of the Defendant under the name of the victim for the purchase and sale of scrap metal.

2. On July 27, 2011, the Defendant: (a) entered into a removal contract with F to treat the materials, such as scrap metal and scrap metal, with respect to the site of redevelopment as stated in the facts charged; (b) entered into the instant scrap metal sales contract with the victim C on August 7, 201; and (c) subsequently, entered into the instant scrap metal sales contract with the victim C on the basis of the contract. Since F’s detention prevents the Defendant from carrying out the said removal work properly due to the F’s detention, the said removal contract was only for failing to deliver the scrap metal, scrap metal, etc. to the victim inevitably agreed.

3. Determination

A. The intent of defraudation, which is a subjective constituent element of the relevant legal doctrine, is to be determined by comprehensively taking account of the objective circumstances such as the Defendant’s financial history, environment, details of the crime, and the process of transaction before and after the crime unless the Defendant is led to the confession, and the crime of fraud is also established by willful negligence.

On the other hand, the subjective element of the constituent elements of the crime refers to the case where the possibility of occurrence of the crime is expressed as uncertain and it is acceptable, and there was an incomplete intention.

The occurrence of facts constituting the crime before the Commission.