On October 20, 2013, the Defendant stated that “The Defendant would install solar power generation facilities on the rooftop of the Party from February 2014 to February 2014, at the victim D’s office located in Ulsan-gu, Ulsan-gu, Seoul-do, that “The Defendant would install solar power generation facilities on the rooftop of the Party from February 2014, on the cost for the construction of solar power generation facilities.”

However, in fact, the Defendant received the construction cost from the victim and had a plan to use the construction cost at the construction site of other solar power generation facilities in Busan around that time, the Defendant’s company operating expenses, entertainment expenses, etc., so even if receiving the payment from the victim, there was no intention or ability to complete the said construction until February 2014.

The Defendant received 70 million won from the victims to the account of community credit cooperatives under the name of the Defendant on November 14, 2013, and 35 million won to the account of the said community credit cooperatives around December 3, 2013, respectively, as a matter of contract payment.

Accordingly, the defendant was given property amounting to 15 million won by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. A copy of the details of passbook transactions, current prices of the F power plants, letters, contracts to change construction works at solar power plants, written request for deposit to the bank account, business registration certificate, work photographs, IBK Bank transactions investigation and IBK Bank transactions, and copies of the passbook;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. In light of the pertinent legal provisions on criminal facts, Article 347(1) of the Criminal Act regarding the choice of punishment, the reason for sentencing of sentence of imprisonment [the scope of recommending punishment] General Fraud and the basic area (1 to 4 years) (1 to 50 million won) (1 to 4 years) / [the ruling of sentence] of imprisonment at the Changwon District Court on January 31, 2008 (2 to 2 years and 6 months) and re-offending the same criminal record, even though the same criminal record was sentenced to 7 times in fraud, and the fraud amount has not been damaged by the name of KRW 100 million, etc., the defendant cannot be exempted from the corresponding punishment.

However, it is against the mistake.