A. The Defendant, as to the facts, did not normally proceed with air-conditioning and heating system installation works (hereinafter “instant construction”) recorded in facts constituting the crime as indicated in the circumstances on the part of the victim, and had the intent or ability to normally proceed with the instant construction, and did not prove the intention of fraud to the extent that there is no reasonable doubt as to the intent of fraud.

B. The punishment sentenced by the lower court (one year and four months of imprisonment) is too unreasonable.

2. Determination

A. 1) The Defendant asserted the same purport in the lower court. The lower court, on May 17, 2018, concluded a contract with the Defendant to receive KRW 75,000,000 for the instant construction work from D when he/she was awarded a contract with the Plaintiff around KRW 250,00,00 for the supply of KRW 125,00 for the intermediate payment when he/she was placed with equipment, KRW 125,00,000 for the intermediate payment when he/she was placed with equipment, and KRW 50,000 for the remainder payment after the start-up; the said Corporation manufactured and installed the equipment by the Defendant and received intermediate payments before the start-up; and the Defendant manufactured the equipment at his/her own expense in accordance with the terms and conditions of the said contract. However, even if the Defendant received intermediate payments before the start-up of equipment, the Defendant had to manufacture the equipment at his/her own expense.

The Defendant was working from October 2, 2018 to October 14, 2018, and the economic situation was not good enough to obtain a summary order due to a criminal fact that M& and N’s retirement had not been paid within 14 days from the retirement date, and despite the victim’s demand despite the fact that the preceding process has been delayed, the Defendant led time to the victim’s end on October 2018 without the storage of equipment or necessary construction.