The Defendant was awarded a contract for the construction of a new F-Power Housing Building D and E from the owner of the building, who was in the course of operating the construction company under the mutual name of “(B)B”, and the victim G was awarded a subcontract for the construction and installation of steel frame from the Defendant while operating the construction company under the mutual name of “(StateH) H.”

Around April 10, 2017, the Defendant made a false statement to the effect that “The Defendant would pay the victim the total construction cost of KRW 69,300,000,000 for the principal, the total construction cost, the intermediate payment, and the remainder by making steel production and installation works at the construction site at the construction site at the construction site at the construction site.”

However, the Defendant, without any particular property at the time, has very poor economic situation, such as personal debt worth KRW 70 million, and even if he/she received money from a contractor and owner C, he/she was planned to use it for the purpose of paying the Defendant’s personal debt, living expenses, etc., so there was no intention or ability to pay the said construction cost in full to the victim.

Nevertheless, the Defendant had the victim produce and install the steel frame from April 20, 2017 to May 20, 2017, and did not pay 69,300,000 won of the construction cost, thereby acquiring property profits equivalent to the same amount.

Summary of Evidence

The statement of the prosecutor's protocol of interrogation against the defendant in the prosecutor's protocol of interrogation against the J, each statement of the police's protocol of interrogation against the defendant, investigation report against the defendant (related to the submission of the suspect's statement), statement of investigation report (related to the submission of the suspect's statement), deposit transaction report, construction contract, subcontract consideration, direct payment agreement, rejection of contract payment, work completion certificate, K (K), newly constructed construction contract, content certification, content certification, book of work type, book of book, book of collection, book of deposit transaction, book of account book, performance statement, receipt certificate, etc.