1. On September 20, 2017, the Defendant: (a) misrepresented the president of the building company with victim D, “E” at the CKa Center office located in Gyeonggi-gun B; (b) concluded a construction contract with the victim on November 10, 2017, under which the Defendant would have the interior and exterior construction of the detached house that was being constructed in Gyeonggi-gu F; and (c) drafted a construction cost of KRW 148,700,000 and the scheduled date of completion as of November 10, 2017.

However, the Defendant, regardless of the “E”, was a person who was personally engaged in the construction business without registration. At the time of the instant case, the Defendant was liable for several million won of the construction work without any particular property or revenue, and was unable to pay the construction cost early in other construction sites due to the lack of funds. Therefore, even if the Defendant was awarded the contract for the said construction work from the injured party, he/she was forced to pay the Defendant’s existing debt with the construction cost or use the said construction cost as the construction cost in other construction sites where the Defendant received the contract from the injured party. Ultimately, the Defendant did not have any intent or ability to normally complete the said

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) transferred the victim’s 50,00,000,000 won from the victim; (c) 30,000,000 won on October 12, 2017; (d) 20,000,000 won on October 13, 2017; and (e) 15,00,000,000 won on November 15, 2017; and (c) acquired the victim’s 115,00,000,000 won on the pretext of construction payment under the name of the Defendant’s mother’s post office account in the name of G (H).

2. A person who intends to engage in construction business in violation of the Framework Act on the Construction Industry shall file for registration of the specialized construction business by type of business with the Minister of Land, Infrastructure and Transport, except for minor construction works (the estimated cost of construction works less than 15 million won) as prescribed by Presidential Decree;

Nevertheless, on September 20, 2017, the Defendant did not register “indoor Construction Business”, a specialized construction business, at the CKa Center office located in Gyeonggi-gun B, Gyeonggi-gun, and without registering the “indoor Construction Business” as described in the foregoing paragraph 1.