The Defendant is a person who served as the representative director of a construction business chain F Co., Ltd. (hereinafter referred to as “F”).

In July 2008, the Defendant, from the construction of GS to the construction of a new apartment in Nam-gu Incheon Metropolitan City, was subcontracted to the construction of the US, Cho Jong-gu G apartment in order to pay the construction cost of the 10,000 won per floor by calculating the amount of KRW 100,000 per floor to the victim I through H of the construction of the FG apartment at the construction site of the FG apartment in question.

"........" The victim instructed the above H to have the victim carry out the above G apartment stairs.

However, the fact that F, a contractor, did not receive the construction cost from the Dasan Construction Co., Ltd., which is a contractor, and the financial situation of F, which has aggravated, led to the failure of the Defendant to pay the construction cost, and the total face value of 20 million won of household checks issued by the Defendant around July 2008, and the situation where the Defendant was unable to pay the employee's wages from April 2008, which led to the failure to pay the said wages. From then on July 2008, F, a contractor, did not have any intent or ability to pay the construction cost even if the victim completed the said construction work.

Nevertheless, the Defendant, by deceiving the victim as such, had the victim carry out construction work equivalent to KRW 13 million of the construction cost, thereby acquiring pecuniary benefits equivalent to the same amount.

2. The summary of the defendant's assertion is a civil issue that has not intentionally concealed the victim, or had not had the intention of deception, and has not paid the construction cost to the victim.

3. Determination

(a)a prosecution has been instituted in a criminal trial;