The defendant shall be innocent.

A. misunderstanding of facts and misapprehension of legal principles, the Defendant would pay the F Co., Ltd. a construction price of KRW 130 million to F Co., Ltd. through E (E for convenience after the opening of the name, J, hereinafter “E”).

There is no fact, and there is no intention to commit fraud because the FF corporation has the intention and ability to pay the reasonable amount of the construction cost.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment, two years of suspended sentence, and 120 hours of community service) is too unreasonable.

2. Determination

A. The summary of the facts charged in the instant case is to pay KRW 130,180,000 to G, who is a director of the victim FFF corporation, through E, an employee at the site of the new construction of warehouse located in Yeongdeungpo-gu, Young-gu, Young-gu, G on July 4, 2014.

“A false representation was made.”

However, the facts are that the defendant bears a debt equivalent to KRW 700 million, and even if he receives a debt from the owner, he was scheduled to preferentially cover it due to the payment of the existing debt or the accounts payable at the same time, so he did not have the intent or ability to pay the construction price to the victim according to the agreement.

The Defendant: (a) deceiving the victim as above; (b) had the victim complete the said construction from around that time to around July 2014; and (c) had the victim acquire pecuniary benefits equivalent to KRW 130,180,000 for the construction cost.

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence presented in its judgment.

(c)

Determination 1) Determination 1 on the establishment of a crime of fraud must be made at the time of the act, and the intent of the crime of defraudation, which is a subjective constituent element of a crime of fraud, shall be determined by taking into account the objective circumstances such as the financial power, environment, details and contents of the crime before and after the crime, and the process of implementing the transaction, unless the defendant is led

On the other hand.