The defendant shall be innocent.

The Defendant, who is engaged in the construction business under the trade name of “Co., Ltd. E” in e.g., the Defendant was the owner of the construction project with the wife Flue Flue Flue F. G, which was ordered by the Defendant on February 2014, while performing the construction work around February 2014, he was not entitled to seek the construction cost, while he was carrying out the construction project around February 2014.

Accordingly, G proposed that the victim H was defective as the same construction work. On March 18, 2014, the defendant proposed that "the total construction cost of the pentine Corporation is KRW 450 million, which is the total construction cost of the pentine Corporation is KRW 450 million in the above E office operated by the defendant, and when the construction of the second floor is completed, the victim paid the amount of KRW 700 to KRW 80 million until April 10, 2014, and the second construction cost shall be paid monthly, and the third construction cost shall be paid in full by the loan."

However, at the time, the Defendant was proceeding without permission without permission when construction permission was granted, and the Defendant’s economic situation was difficult to make a decision of commencement of auction around February 2014. Therefore, even if the victimized party did not have the intent or ability to pay the construction cost to the victim even if the above pented construction work, the Defendant did not have any intent or ability to pay the construction cost to the victim.

Nevertheless, as above, the Defendant: (a) caused the victim to perform the pented Construction from March 18, 2014 to August 2014; and (b) did not pay the cost of construction to the victim; and (c) acquired pecuniary benefits equivalent to KRW 118,242,00, which is equivalent to the cost of construction, from March 18, 2014.

Judgment

A. On February 21, 2014, the Defendant entered into a contract with G to the instant pension construction with the victim H on the following circumstances acknowledged based on evidence duly adopted and examined by the court. G recommended the victim H to participate in the instant pension construction due to financial shortage, and the Defendant was G on March 18, 2014.