The defendant shall be innocent.

1. The Defendant is the actual operator of B Co., Ltd. (hereinafter “B”).

On April 25, 2016, the Defendant entered into a contract to purchase all of the machinery and equipment, scrap iron, secondary electric wires, and water supply equipment of D factories scheduled to be removed in Seo-gu Seoul (hereinafter “instant factories”) from E Co., Ltd. (hereinafter “E”), and agreed to remove all the machinery and equipment, scrap iron, electric wires, and water supply equipment by April 25, 2016, after paying the remainder of KRW 1.6 billion by May 24, 2016.

The Defendant borrowed a total of KRW 650 million from F from April 27, 2016 to May 20, 2016, to provide all of the equipment, such as machinery, electric wires, etc. in the factory of this case as collateral, while borrowing a total of KRW 650 million from F from May 20, 2016 to around June 20, 2016.

A. On May 19, 2016, the Defendant: (a) decided to sell an electric cable in the instant factory for KRW 200 million to the victim H, who operates G at the B office, and (b) decided to sell the electric cable in the instant factory to KRW 200 million; and (c) stated, “If the Defendant paid KRW 200 million in a lump sum, he/she shall pay it to E and may remove the electric cable at any time thereafter.”

However, the Defendant was unable to pay the balance of KRW 60 million out of the purchase price E at the time, so even if he received KRW 200 million from the injured party, the Defendant could not have the victim have the right to remove the electric wires.

Nevertheless, the defendant deceivings the victim as above and transferred KRW 200 million to the victim.

B. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) did not have any specific method or plan to repay the amount of KRW 650 million borrowed from F without fully repaying the amount of KRW 650 million, and there is no purchase price to be paid to E.