An application for compensation by an applicant for compensation shall be dismissed.

A. On June 23, 2016, the Defendant had no intention to complete the construction of lighting advertising facilities according to the terms and conditions of the contract at the time of concluding the instant construction contract with the victim and there was no intention to commit fraud.

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court based on the evidence duly admitted and investigated by the lower court regarding the assertion of fact: (i) the Defendant, from June 23, 2016 to the conclusion of the instant construction contract with the victim, released the construction cost by hiding the intent to pay rebates of KRW 100 million to G, and (ii) the Defendant received KRW 200 million from the damaged party on June 23, 2016 and consumed all of the construction cost for two days; (iii) even according to the Defendant’s assertion, the Defendant used G rebates for personal purposes, including the payment of KRW 10 million to other companies related to the instant construction, and the payment of KRW 300,000,000,000,000 for the total amount of the construction cost, including the payment of KRW 10,000,000,000 from July 13, 2016 and the payment of KRW 20,000,00 on the date of the instant loan; and (iv) the Defendant received rebates from the victim’s on the date of the payment.