The defendant shall be innocent.

1. The Defendant is a person engaged in the construction business.

On March 11, 2014, the Defendant newly constructed a prefabricated-type panel house in Jeju-si F (G, post-H, etc.) with the victim E and total construction cost of KRW 64 million at the “D” office operated by the Defendant on March 11, 2014, and entered into a contract for construction works within 50 days after the commencement of the construction works.

At the time, since the above site is a blind site without a road, only the extension through the change of the design of the above house is possible and it is difficult to newly construct the above site independently after combining with subparagraph (I) of the next site where the house is already being constructed.

Although the defendant talks with the defendant, the defendant can simply obtain the new permission at a prompt time without complicated need.

On April 2014, the construction permit was issued and commenced until the end of May 2014, and it will be completed until May 2014.

“False speech was made to the effect that it was “.”

However, as above, the above site was a blind site where it is impossible to construct a new building independently, and the Defendant was aware of the circumstances that it is difficult to complete the construction of the building with the new building permission obtained within the promised time because he was able to construct a new building by combining it with the next site from the design office that he was in charge of the design of the instant house immediately after the contract.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 5 million to a corporate bank account (Account Number K) in the name of the Defendant’s wife as the down payment around March 11, 2014; and (c) continued to receive KRW 50 million in the Jeju bank account (Account Number L) in the name of the said J on April 29, 2014; and (d) received KRW 9 million in the name of the Corporation around April 30, 2014, respectively.

2. Determination

A. The defendant can be newly built for the victim

The construction contract is concluded and the construction cost is received.