However, even if E completes the above construction work, the defendant did not have the intention or ability to pay the above construction cost.

As above, the Defendant, despite deceiving the victim and completing the construction work from the point of time on January 201, 201, did not pay the said construction cost of KRW 11 million, thereby acquiring pecuniary benefits equivalent to the said amount.

2. According to the judgment of the Defendant and witness E’s legal statement, some of the prosecutorial investigation records on F’s interrogation records, and the police interrogation records on G, etc. ① A around July 2010: (a) the Defendant contracted 12,00,000 won to E at the construction site of the above golf range; and (b) even after the completion of E’s construction, the Defendant has not fully paid the construction cost to E; (c) the above facts and the above evidence are insufficient to recognize that the Defendant did not have any intent or ability to pay the construction cost of 12,00,000 won at the time when he was entrusted with the construction to E; (d) there is no other evidence to acknowledge otherwise; and (e) the Defendant, around April 20, 2010, determined the construction period of 20,000,000 won for each of the above construction work to be contracted to E; and (d) the remainder of the construction work paid to E, 201,3.200,2000.