The defendant shall be innocent.

1. The Defendant in the facts charged is the owner of the building in Busan Metropolitan City, and D is the obligee who operates the E Co., Ltd. and has a separate claim for the construction cost of the building in the F Construction Co., Ltd. (Representative G) who had been operating the said building construction work.

G prepares a written statement of non-performance that "I agree that I will pay the above amount (150 million won) to E (State) representative director from among the construction cost to be paid by the owner of the C Building to the F Construction Office on August 25, 2012 by the defendant, G, and D collected from the defendant, G, and D to the F Construction Office that "I will pay the above amount (150 million won) to the owner of the C Building to the E (State) representative director of the F Construction Office".

In fact, the Defendant acquired the construction site of the instant building that was interrupted on July 2, 2012 in KRW 2.255 million, and agreed to pay the construction cost to each subcontractor of the said construction work. As such, G could have anticipated the scale of the construction cost to be received at the time of completion of the said construction work. As such, G received a written request from G to make a direct payment to D after completion of the construction work, and it was well known that D was a creditor of G unrelated to the instant construction work. Around August 7, 2012, the Defendant had already prepared a statement of direct payment (2.3 million won) to the representative of H Steel, who is another creditor of G, to the same effect.

Nevertheless, the defendant completed the construction of the above C building on January 18, 2013 and the same year.

7. Around 10.10. A lawsuit for construction cost is filed against H Steel and the remaining D, which concerns that D would be subject to civil action, shall be subject to criminal punishment. D, in the absence of any relationship with G and other construction sites, shall be claimed to it.