A. On December 29, 2014, when the Defendant received a contract for the second floor H (hereinafter “H”) on the land from G office operated by Ulsan-gun E, Ulsan-gun, U.S. on the said land (hereinafter “instant office”), the Defendant was transferred KRW 840,800,00 for the intermediate payment as part payment around December 30, 2014, to the complainant’s account in the name of the Defendant. < Amended by Act No. 13092, Jan. 22, 2015; Act No. 13073, Jan. 27, 2015; Act No. 13374, Jan. 22, 2015; Act No. 13374, Jan. 840, 2000>

At that time, the Defendant received a contract for the low construction work and used the price and did not have the intent or ability to complete the construction even after completing the construction work, and the construction was suspended on January 29, 2015, which was after the last intermediate payment was actually received.

Ultimately, the Defendant was transferred the sum of KRW 81,840,000 by deceiving the complainant.

B. On February 2, 2015, the Defendant attempted to acquire money by filing a claim with the said complainant by including KRW 138,013,519 in a false form of materials, processing expenses, installation expenses, etc. that he/she did not actually work in a gold sheet, while the Defendant filed a claim against the said complainant for the payment refusal by the said complainant who suspected of excessive appropriation of the amount of money, in the course of claiming money, such as material costs and personnel expenses of Ulsan-gun M (hereinafter “the instant case”).

2. Determination

A. In a criminal trial, the recognition of a criminal fact should be based on strict evidence of probative value, which leads a judge to such a degree that there is no room for reasonable doubt. Therefore, in a case where the prosecutor’s proof does not sufficiently reach the extent that such conviction would be ensured, the defendant’s assertion or defense may be asserted.