On December 29, 2016, the Defendant made a false statement to the effect that “F, the actual operator of the victim E, would pay the construction cost in lump sum after completion of the construction work at the new construction site of the H company located in G in G in G in G in G in G in G in G in G in Gyeongcheon-gu.”

However, the defendant and D did not have any special property or income, while the overdue wage is equivalent to KRW 100 million, and the unpaid construction cost is up to KRW 200 million, there was no intention or ability to pay the construction cost even if the victim company completes the construction of gas equipment.

The Defendant, by deceiving F as such, had the victim company complete the gas facility work around February 10, 2017, and did not pay the construction cost of KRW 55 million, thereby acquiring pecuniary benefits equivalent to the above amount.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence of determination, the evidence submitted by the prosecutor alone by the defendant, thereby deceiving the victim F, even though the defendant did not have the intent and ability to pay construction cost of KRW 55 million as agreed to E.

It is difficult to conclude that there was a criminal intent to obtain fraud or to commit fraud against the accused.

① AD operated by the Defendant was difficult to pay some wages due to financial difficulties in 2016.

However, this is a problem that occurs in the field of "I", and the overdue payment of wages seems to be a problem limited to the field.

At the time, it is not confirmed that the financial situation of D has deteriorated to the extent that D could not make comprehensive payment of wages and wages in the course of business.

② Based on D’s financial statements, as of the end of 2016, assets were KRW 1 billion in total, KRW 67 billion in total, and KRW 491 million in total, and assets were more than liabilities.

In addition, 4 billion won for sales in 2016 and 27 million won for net income.