On July 4, 2014, the Defendant presented the name stated “F and D representative Director A” to the victim E ( South and 51 years old) at the Defendant’s office located in Gwangju Mine-gu C and the second floor of Gwangju Mine-gu, and “F will be assumed to take over between F and B.

In addition, it concluded that it is a false term that the construction work of Taek Gag G, the construction work of leisure H, the construction work of an officetel in the Changwon, the construction work of a factory in the future interest, and the construction work of a new hotel in the system. If it is necessary to pay 40 million won as it is loaned, it would give a subcontract for the construction work and the construction work of machinery and equipment of the construction.

However, in fact, the Defendant did not have the ability to take over F, and there was no capacity to take over the said construction, so the Defendant did not have the intent or ability to subcontract the said construction work and the installation work of machinery and equipment.

As such, the Defendant, by deceiving the victim, received KRW 20 million from the victim to the post office account (Account Number I) in the name of the Defendant, and acquired it by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the examination of the suspect against the defendant;

1. Each statement in the police statement made to E, J (part) and K;

1. Investigation report (F representative L counterpart investigation), investigation report (M counterpart telephone conversation), investigation report (N counterpart telephone conversation), investigation report (O telephone conversation); and investigation report (O telephone conversation);

1. A written statement of cash payment, a business registration certificate, details of transactions, verification certificate, and a statement of deposit;

1. Application of statutes on site photographs;

1. The Defendant’s crime of this case, on the grounds of the pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act regarding the crime of this case, has been prepared closely as if he/she had taken over another company and carried out other related construction work. Based on this, he/she acquired money by deceiving the victim, and the motive and method of the crime are inadequate, and the Defendant did not have any damage amounting to KRW 20 million.