1. On March 2014, the Defendant, as the representative director of C Co., Ltd. (hereinafter “C”) established for the purpose of housing construction, etc., was awarded a subcontract on April 12, 2012 on the condition that the removal of the housing site development project for the Gyeonggi-si D area was paid KRW 200 million for the part of the Section 1 among the construction works.

In addition, around March 31, 2014, at G office located in the Seoul Central District F and 608, the Defendant made a false statement that “The Defendant ordered the removal of one Section in the Seoul Central District to the victim H, and among which, 120,000 square meters of the removal work would be re-subcontracted to KRW 100,000 per square meter.” As such, the Defendant changed the amount of KRW 100,000 as the performance guarantee for re-subcontracted the unpaid portion of the performance guarantee for the solar industry as KRW 100,000,000.”

However, the Defendant did not pay approximately KRW 23 million out of the performance guarantee amount of KRW 200 million agreed upon with the Taedong Industry and the commencement condition, and did not have the ability to prepare the remainder of KRW 77 million, even if 100 million was delivered by the victim, so the Defendant did not have the intent or ability to re-subcontract the above removal work. In addition, the Defendant did not intend to use the money received from the victim for personal purposes since he did not meet C's operating expenses at the time, and there was no intention to pay it as the performance guarantee amount for the Taedong Industry.

Nevertheless, the Defendant, as such, by deceiving the victim, received KRW 100 million from the victim to the Agricultural Cooperative Account (I) in the name of C around March 31, 2014.

2. From May 8, 2014, the Defendant committed the crime to the victim H in the front of the Yeongdeungpo-gu Office located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, Seoul, at around May 8, 2014.