The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. On April 2012, the Defendant is expected to construct D at the construction site B in the city of Gangwon-si, Gangwon-do, and the victim C is well aware of the D president and E site warden.

D Civil engineering works in the D will be 7 billion won to 15 billion won, and 50 million won will be awarded if they are awarded the construction works.

The phrase “ makes a false statement.”

However, as the management status of the company is not good, the Defendant did not have any intent or ability to allow the victim to take civil works even if the Defendant received money from the injured party.

On April 20, 2014, the Defendant was transferred 50 million won to the F account (G) in the name of the Defendant on April 20, 2014.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

2. Determination

A. The relevant legal doctrine 1) Fraud is established by deceiving another person to make a mistake by inducing a dispositive act and thereby obtaining property or pecuniary advantage. The relationship between deception, mistake, and property disposal is required. On the other hand, whether a certain act constitutes deception that causes others to be omitted in mistake, and whether such deception and property disposal act are related to the person, should be determined generally and objectively, taking into account the specific circumstances at the time of the act such as the transaction, the other party’s knowledge, character, experience, occupation, etc.

Therefore, in a case where the defendant's act of disposal of the victim's property or the defendant's act that caused such disposal of property is closely related to the failure or performance of any business as directed by the defendant, the existence of deception or the relation with the person can not be determined simply on the basis of the defendant's financial power or credit status, and the relationship between the victim and the defendant, the awareness and involvement of the victim in the business concerned, and