The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

1. Around December 10, 2015, the Defendant: (a) around December 10, 2015, the summary of the facts charged: (b) around 40,000 won of the total construction amount in the “E beauty art room” of the second floor C, which is operated by the victim B; and (c) drafted a written contract for the same day, with the date and time of completion, by performing interior works until January 15, 2016.

However, even if the Defendant received money from the victim as the payment for the construction work, the Defendant did not have any intent or ability to proceed with the construction work as promised by the victim, even if he received the payment from the victim, because it was planned to use the money for labor cost, material cost, and the Defendant’s living cost, etc. in other construction sites.

Nevertheless, the Defendant, as above, by deceiving the victim, and thereby deceiving the victim as such, KRW 10 million on January 11, 2016, KRW 200,000 on January 12, 2016, KRW 300,000 on January 20, 2016, KRW 800,000 on January 25, 2016, KRW 800,000 on February 1, 2016, KRW 200,000 on February 15, 2016, KRW 6 million on February 15, 2016, and KRW 39,720,00 on deposit received from the victim on February 26, 2016, and deposited KRW 720,00 on August 7, 200.

2. The Defendant and his defense counsel asserted that most of the cosmetics were supplied by the victim, and most of the cosmetics were completed at the time of the discontinuance of construction upon the victim’s request. As such, the victim had the intent and ability to perform the construction at the time of receiving the construction cost from the victim, and there was no intention to commit

3. In full view of the following circumstances acknowledged by the record, the evidence submitted by the prosecution alone is insufficient to deem the Defendant as having no intent or ability to perform the beauty parlors construction work, and merely appears to have incomplete performance of the cosmetic construction duty under the construction contract.

① The instant facts charged constitute a contract for the construction of beauty parlors, the date and time of completion with the victim, as of January 15, 2016.