The accused shall publicly announce the summary of the judgment of innocence.

1. Around March 2016, the Defendant was awarded a new factory construction project of the factory site E in Gyeongbuk-gun, a company holding C (Representative D) around March 2016.

On August 24, 2016, the Defendant stated that “The victim F will be awarded a contract for the SP Packaging Construction Work in E. The construction cost will be paid as the end of the construction work.”

However, in fact, the Defendant did not have any intention or ability to pay the construction cost as agreed to the victim because the Defendant had an obligation of KRW 80,000,000 at the time, and there was a tax in arrears equivalent to KRW 40,000,000,000, and the unpaid construction cost at the existing construction site was returned to the construction cost received from the owner at the new construction site.

As such, the Defendant: (a) by deceiving the victim; (b) caused the victim to do so from September 1, 2016 to January 6, 2017; and (c) did not pay the construction cost of KRW 40 million after having the victim do so; and (d) obtained pecuniary benefits equivalent to the same amount.

2. Determination

A. Whether a crime of fraud is established shall be determined at the time of the act, and it shall not be punished as a crime of fraud on the ground that the defendant is in a state of default due to changes in economic conditions after the act was committed.

(1) The existence of the crime of fraud, which is a subjective constituent element of fraud, shall be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial power before and after the crime, the environment, the contents of the crime, and the process of transaction performance, unless the Defendant makes a confession.

(See Supreme Court Decisions 95Do424 delivered on April 25, 1995, 2007Do10416 delivered on February 28, 2008, etc.). Meanwhile, the conviction has probative value that leads a judge to the conviction that the facts charged are true beyond a reasonable doubt.