The defendant shall be innocent.

A. In fact, the Defendant was unable to pay the temporary materials rent to the victim because he did not receive the full payment of the contract price from the owner. At the time of the lease contract for the temporary materials, the Defendant had the intent and ability to pay the temporary materials rent

B. Sentencing

2. The Defendant in the facts charged of the instant case was subcontracted to the victim D’s E office located in Jinju-si, Jinju-si, for the part of the structural construction of the structural construction of 3 pentath in the South Sea. The Defendant would pay the victim the rent on August 30, 2015 when leasing the temporary materials.

“A false statement” was made.

However, the defendant did not have any intention or ability to pay rent, as he thought that it will be used for the repayment of existing debts, even if the unpaid labor cost is up to eight million won and the construction cost is paid from subordinate debts.

Accordingly, the Defendant deceiving the victim as above and caused the damage to it from July 27, 2015 to the same year.

8. Until December 21, 200, the temporary materials were leased and the rent of KRW 5,357,200 was paid, thereby acquiring pecuniary profits equivalent to that amount.

3. In full view of the following facts and circumstances, the court below, based on the evidence presented by the prosecutor, including a record of the examination of the victim D of this case, which was duly examined and adopted by the court below, was proven without reasonable doubt that the defendant did not have the intent or ability to pay rent to the victim at the time of entering into a contract for the lease of temporary materials.

It is difficult to see, and there is no other evidence to acknowledge it.

Defendant’s assertion of mistake is with merit.

1) On July 2015, the Defendant decided to pay KRW 96 million in total ( KRW 32 million per unit) with respect to framework construction among the three new construction works of this case.