The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant is a person who has conducted a new construction project of multi-family housing on the land of Pocheon-si, and the owner of the said land D.

On July 17, 2014, the Defendant made a false statement to the victim F of the instant multi-family housing construction site, and the victim F of the instant multi-family housing site via tree E, stating, “The Defendant would pay construction cost and personnel expenses when the steel works are completed.”

However, at the time, the Defendant was proceeding with the construction of the building in the name of the same birth under the bad credit standing, and at the time, at the time of purchasing the above land, the Defendant set up a mortgage of the maximum amount of KRW 58,500,000 to the Sungnam Central Credit Union. Other G, H, I, etc., not only have been liable for a large amount of debt but also had no intention or ability to pay the construction cost even if the victim had been forced to perform the construction of the building in the construction site due to the delayed payment of wages at the construction site.

Nevertheless, the Defendant deceiving the victim as above and caused the victim to complete the removal work from July 17, 2014 to November 30 of the same year, and did not pay 7,0850,000 won of the construction cost, thereby acquiring property benefits equivalent to the same amount.

2. Summary of the defendant's defense;

A. A. Around July 17, 2014, the Defendant demanded that the Victim F be able to directly meet, and only after E was locked on September 20, 2014, the Defendant demanded that the said Victim be able to move back to the steel industry.

B. The Defendant’s construction work from July 17, 2014 to September 20, 2014 is equivalent to KRW 20 million, and the part of the construction work performed by the Defendant until completion of the steel construction work after the completion is equal to KRW 8 million.

On August 2012, the Defendant had the intent and ability to pay the construction cost even around September 20, 2014, such as purchase at KRW 440 million, in the name of Seongdong-gu Seoul Special Metropolitan City, Seongbuk-gu, 106 Dong 1104, and KRW 1104,000,000.

3. Determination

A. According to the evidence submitted by the prosecutor, the following facts are acknowledged.

(i)..