A defendant shall be punished by imprisonment for two years.

A. On February 29, 2012, the Defendant concluded a subcontract construction contract for electrical construction among the Victim F and H Construction Work, and did not deceiving the said victim to the effect that he/she would promise the said victim to pay the advance payment within one week in return for promising the payment of the construction price by receiving a loan by project financing.

In addition, on May 16, 2012, K Co., Ltd. (hereinafter “K”) (hereinafter “K”) entered into an agreement to obtain a loan of KRW 2,376,00,000 from C Asset Management Co., Ltd. (hereinafter “C Asset Management”) as a proxy financial institution for the future as a proxy financial institution for the aforementioned construction project financing, and thereafter, in the future, the said agreement was terminated due to the change of C Asset Management, and the Defendant, the supply of and demand for the said construction, was not paid the construction cost inevitably to the victim, who is sewage, due to the failure to pay the construction cost.

Therefore, although the defendant did not have the intention to deception, the court below found the defendant guilty of the facts charged in this case. The court below erred by misapprehending the facts or by misapprehending the legal principles on fraud, which affected the conclusion of the judgment.

B) On February 22, 2012, the Defendant concluded a subcontract for construction works for the installation of structures and ruptures with the victim S who operates R Co., Ltd. on the construction of the above solar power plant on February 22, 2012, and did not deceiving the said victim to the effect that the payment of intermediate payments is made within one week after the commencement of the construction works, and that the construction works

In addition, the defendant could not pay the construction cost inevitably to the victim due to the failure to pay the money paid by the project due to the reasons that the defendant could not be held responsible, as alleged in the facts of the judgment of the court of first instance.