The defendant shall be innocent.

1. On October 6, 2012, the Defendant: (a) in the office of the 2nd floor office in Bupyeong-gu, Seocheon-gu; (b) even if the victims did not have any intent or ability to pay the price for the interior construction; (c) the victim A and AB did not have any intent or ability to pay the price for the interior construction; (d) the Defendant directly planned to operate the hospital by inviting the repair of the building and intent after the repair of the building. If the interior construction of the building is entrusted with the interior construction of the building, one half of the total construction amount shall be the down payment, and the remainder shall be paid back to the remainder; and (e) the victim acquired a pecuniary benefit equivalent to the said amount by having the victims perform artificial construction work at the market price of the said AD convalescent hospital.

2. According to the records, around October 6, 2012, the Defendant: (a) requested the victims to engage in the surgery of a convalescent hospital; and (b) received a written estimate from the victims that stated the total construction amount of KRW 12,032,00 at that time; (c) the victims received KRW 2,00,000 from the Defendant on October 8, 2012 and commenced the said work on or around January 18, 2013 and completed the said work; and (d) the Defendant did not pay the victims the remainder of the construction payment until now.

Even if the defendant stated to the effect that "the majority of the total construction amount will be paid as a down payment and the remaining half as the balance" around October 6, 2012, it is reasonable to view that there was an implied agreement between the victims and the defendant on October 8, 2012 as long as the victims began the construction even though they received the half of the total construction amount from the defendant on or around October 8, 2012, which does not reach the half of the total construction amount, and there was an implied agreement between the victims and the defendant on the payment date of the remainder of KRW 10,032,00 after the completion of the construction work.

Therefore, to be found guilty of the facts charged in the instant case, the Defendant would actually operate a convalescent hospital at the time.