On December 2, 2011, a project association for the reconstruction of D apartment houses of 2015, which entered into a bid to select a system air conditioners for some members (the union members who did not enter into a contract for the construction of modern industrial development and system air conditioners, Co., Ltd.) in relation to the reconstruction construction of apartment houses implemented by the said association. The Defendant entered into a contract to install the system air conditioners with G members and 54 members around January 2012 after receiving the contract for the said construction from the person who actually operated the company F located in 503 of the five stories in Gangdong-gu Seoul E-building, and entered into the contract with the above company members and 54 members around January 2012, the down payment was within one week after the contract begins, the first intermediate payment was paid one month before the beginning of the air conditioners construction, the second gold funds was carried out by one month before the entry of equipment, and the remainder funds was transferred from the said G members and 254,270 and 37,00 won on January 12.

After that, at the end of August 2012, the Defendant sent an intermediate payment notice to the victim H to the effect that “the first intermediate payment is deposited to start system air conditioners construction” at the above F office located in Gangdong-gu Seoul Metropolitan Government.

However, the fact was that at the time the completion of apartment construction was delayed due to the legal dispute between the above union and the Si construction, and around June 2012, when the defendant visited the apartment household in order to install the system air conditioners, the defendant did not work as the non-cooperation of the Si construction and returned to the Gu construction when he could begin the air conditioner construction work. Since from April 2012, F was thought to use the intermediate payment received from the injured party as the fund for the operation of the corporation, it did not have the intention or ability to install the air conditioner even if he received the intermediate payment from the injured party.

The Defendant deceiving the victim as such, and under the name of the Defendant on August 29, 2012, as part of the part of the part of the installation of air conditioners.