D Around November 26, 2010, D was subcontracted with the instant construction of reinforced concrete (hereinafter “instant construction”) which is part of the construction works newly constructed in a hospital by a lot construction company (hereinafter “slun Construction”).

On January 13, 2011, the Defendant stated to the effect that, even if the Defendant received advance payment from the Plaintiff’s union as a guarantee from the Plaintiff’s association and received it, the Defendant’s employees, who are in charge of providing advance payment, were awarded a subcontract for the instant construction from the Plaintiff’s association, to receive advance payment of KRW 698,50,000 from the Dol Construction, and to receive advance payment of KRW 698,50,000 from the Dol Construction, to receive advance payment to receive advance payment for the purchase of materials, personnel expenses, etc. of the instant construction.”

As above, the Defendant, by deceiving the victim’s association, received a letter of guarantee from the victim’s association for the instant construction (hereinafter “the instant letter of guarantee”), and received advance payment of KRW 698.5 million (hereinafter “the instant advance payment”), around January 20, 201, and caused the victim’s association to bear the guaranteed liability equivalent to the said amount, by using it for the company’s operating funds, such as repayment of debts, etc. instead of using it in the instant construction, thereby obtaining pecuniary benefits equivalent to the said amount.

2. The summary of the Defendant’s and the defense counsel’s assertion was carried out without fail until the dishonor, and the Defendant’s and the defense counsel did not proceed with the construction on the wind, and deceiving the Victim’s Association to acquire advance payment without intent or ability to carry out the construction work.

The criminal intent is either the fraud or the accused.