The defendant shall be innocent.

1. On May 8, 2014, the injured party D subcontracted the instant charges to F Co., Ltd., a company for the construction of a new house E in Nam-gu Incheon Metropolitan City, and the said F had the Defendant perform the construction. On December 8, 2014, the injured party occupied the said house, but the construction was not completed or the defect occurred, such as water leakage in the ceiling.

On December 31, 2014, the Defendant “Around December 18:00, at the construction site above, the victim made a false statement to the effect that “Around December 31, 2014, the remainder of 7.140,000 won remains as a defect bond in relation to the construction work is not completed, or that a defect occurred by April 30, 2015.”

However, the Defendant did not have any intent or ability to complete the construction work as agreed upon by the victim because there is no money to perform the construction work due to the failure to pay the unpaid construction cost even if the Defendant received money under the pretext of the balance of the construction work.

The defendant deceivings the victim as above and was transferred KRW 7,140,000 to the bank account in the name of the defendant on the same day under the name of the damage.

2. The Defendant and his defense counsel asserted that he had the intent and ability to complete the construction as agreed with the victim at the time of receiving the balance of KRW 7,140,000,00,000 as stated in the facts charged, and that he had performed the construction work on the part of the actual construction and the part of the defect that occurred. Thus, the Defendant by deceiving the victim, thereby deceiving the victim, thereby

shall not be deemed to exist.

3. Determination

A. According to the evidence duly adopted and investigated by this court, the following facts are acknowledged.

1) On May 8, 2014, G, the victim D’s son, between the F Co., Ltd. (hereinafter “F”) that was known to the Defendant on or around May 8, 201 through the Defendant, and the Nam-gu Incheon Metropolitan City E-gu Construction Corporation for Single Housing (hereinafter “instant Construction”) (hereinafter “F”), KRW 2.5 million (Advance: 61.5 million) for the construction cost.