The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant needs to carry out the steel frame construction work from the victim E at the construction site of “D” located in Jincheon-gun, Chungcheongnam-gun, Chungcheongnam-do around December 29, 2009.

A false statement was made to the effect that the rent would be paid immediately after the use of the screen on the site of the lease.

However, the defendant did not have the intention or ability to pay the rent even if the defendant entered into a rental agreement which is a heavy equipment to be used at the construction site because there is no special property or income.

As such, the Defendant: (a) by deceiving the victim; and (b) by deceiving the victim from the victim on December 29, 2009 to February 17, 2010, the Defendant did not pay 7,300,000 won of the rent; and (c) acquired pecuniary benefits equivalent to the said amount by leasing and using the cream over a total of 16 times from the date of the damage to the victim.

2. The intent of defraudation, which is a subjective constituent element of the judgment of fraud, has to be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial history, environment, details of the crime, and the process of transaction before and after the crime unless the Defendant is led (see Supreme Court Decision 97Do2630, Jan. 20, 198, etc.). The transaction in which the merchant engaged in the construction business requests the lease of heavy equipment in connection with his/her own business and leases equipment for his/her own business by another merchant in response thereto is ordinarily taking place between the merchants of the construction business sector, and thus, the risk of preventing the payment of the cost is always high due to the lack of the performance of the construction work in question. Therefore, a merchant who leases heavy equipment is also aware of such risk.

must be viewed.

Therefore, in the event that the defendant was normally used for the construction in which he was under way by leasing a cream from the damaged person and did not pay the cost, the overall situation of the business operated by the defendant, the situation of the construction site, and the time of the transaction.