1. On June 11, 2012, the Defendant was a person who engaged in an tegrative construction business in the name of “D” in heading C and 306 of Busan Suwon-gu, Busan, with the trade name of “D.”

On June 11, 2012, the Defendant entered into a construction contract (165 million won) to build a new factory and neighborhood living facilities in the Gangseo-gu Busan metropolitan transportation Daegu E-1st century, the representative G of the victim (ju) and the H site in Gangseo-gu Busan Gangseo-gu.

However, in fact, the Defendant had a large amount of obligations such as material prices, personal wages, etc. payable at another construction site at the time. Therefore, even if the Defendant received construction payment from the victim, it was thought to be used to repay the existing obligations that are not related to the said H construction work, and there was no intention or ability to construct factories and neighborhood living facilities according to a contract with the victim

Nevertheless, around June 11, 2012, the Defendant entered into a construction contract as above on the first floor of the first floor and concluded the construction contract with the victim “in order to start the construction work, it is necessary to start the construction work.” Accordingly, the Defendant received KRW 50 million from the victim to the Agricultural Cooperative (J) account in the name of the suspect.

2. On August 24, 2012, the Defendant: (a) called the victim on July 20, 2012 at the site of the first intermediate payment of KRW 20 million; and (b) called the victim on July 20, 2012; and (c) demanded that “in order to complete the construction soon, the steel bars and materials should be ordered in advance and the construction should be carried out at once. The first intermediate payment of KRW 20 million should be paid.”

However, in fact, on June 11, 2012, the Defendant withdrawn 20 million won from the victim as the payment for the construction work on June 12, 2012, and used the Defendant’s living expenses, etc. for the Defendant’s own living expenses, etc., and used the remainder of 30 million won for most of other construction sites as the personal wage, material cost, etc., and even if the Defendant received additional KRW 20 million from the victim, he/she thought to use it as the Defendant’s pension premium, mobile phone fee, and entertainment expenses, etc., and he/she thought to use it as the materials necessary for the H corporation.