From September 2010, the Defendant had been performing construction works with the license under the name of “(i)” (i.e., a business entity that has not obtained a construction business license) from D (i.e., a business entity that has subcontracted construction works from E, a contractor), and (ii) from the original office that has obtained a construction business license, and (iii) had not been fully paid the construction cost from D, and (iv) had not been compensated for the expenses incurred in the construction, and (v) had aggravated financial standing, the Defendant was able to defraud the defective security deposit under the pretext of allowing other persons to implement construction works.

On January 20, 201, the Defendant called “B” to the victim G at a coffee shop where it is impossible to know the trade name F at the Tong Young-si on January 20, 201, and received KRW 10 million in total from the victim to the Nonghyup account in the name of the Defendant on the same day, and received KRW 30 million in total from the victim on two occasions as defect deposit.

Around March 21, 2011, the Defendant continued to be the victim H in the Dong Young-si Office at the C site office at the Dong Young-si Office at the Dong Young-si Office at the time of 201, stating, “I will be the head of the D site at home. I will be the main owner of the C Corporation from April 2011 to the Sin Young-si Office at the beginning of April 2011. I received from the victim the money of KRW 10,000 from the victim to the said NA account in the name of the Defendant on the same day.”

However, the Defendant was not the head of the D’s site or employee, and the above construction was not regularly subcontracted by D, and there was no status or authority to subcontract the construction work to the victims, and due to the failure to receive the construction cost properly from D, the Defendant was faced with serious financial difficulties, such as delinquency in payment of wages, equipment fees, etc., and the Defendant may continue the construction.