The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant was engaged in steel product sales business with the trade name of C, and on April 3, 2013, the Defendant was sentenced to a suspended sentence of six months with prison labor for evasion of compulsory execution at the Cheongju District Court, and the said judgment became final and conclusive around that time.

On May 2010, the Defendant, while operating C around May 2010, assumed the obligation of KRW 200 million due to the unpaid amount of goods for D Company and E Company, F’s loan obligation, and the divorced wife’s consolation money obligation. On the other hand, since the accumulated amount of KRW 20 million per month, the amount of monthly rent deposit for factory was appropriated for the unpaid monthly rent of KRW 30 million, and due to the delayed payment of wages for employees, the financial situation was extremely difficult for employees to keep the company only.

As such, even if the Defendant was supplied with steel products from the victim G company, the Defendant did not have any intent or ability to fully pay the price.

Nevertheless, around May 25, 2010, the Defendant supplied steel products equivalent to KRW 8,94630 in value to that person by the end of the following month, on the ground that: (a) on May 25, 2010, the Defendant made a false statement to the public that “the Defendant would make a payment by supplying products; (b) to the employees of the victim company; and (c) to the public that would make payment by the end of the following month.”

In addition, the Defendant was supplied with steel products equivalent to KRW 493,339,810 in total over 34 times from November 11, 2010, as shown in the separate sheet from the above I in the same manner.

Accordingly, the defendant deceivings the above I and acquired steel products equivalent to the above amount from the victim company.

2. Determination:

A. The criminal intent of defraudation, which is a subjective constituent element of fraud in a goods transaction relationship, shall be determined by taking full account of the objective circumstances, such as the financial history, environment, details of the crime, and the process of performing the transaction before and after the crime, unless the defendant makes a confession. In the goods transaction relationship, it shall be obtained by defraudation.