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The defendant shall be innocent.
Reasons
1. On March 15, 2017, the Defendant entered into a contract with the victim F, who seeks to singing to run a singing room on the first floor of the Ecomcom in the same Gu D, and the first floor underground, and entered into a contract with the victim for the said singingto, on April 30, 2017, the Defendant would complete the interior works by the victim until April 30, 2017, where “the construction cost of KRW 95 million is per share.”
In order to promptly proceed with the construction, it was false that the so-called so-called “pre-payment .............” should first order and advance payment.”
However, the Defendant had no particular profit while engaging in the interior construction business around that time. Even if the Defendant received the advance payment from the injured party, he did not use the money as the cost of construction with the injured party and used the money first to repay the existing debt, or to lend another person’s money to the injured party to execute the construction work after using the money first as the cost of living with the injured party. Thus, the Defendant did not have any intention or ability to execute the interior construction work normally within the date of completion.
Ultimately, the Defendant, by deceiving the victim as above, was transferred from March 17, 2017 to the H account in the name of G by finding the Defendant’s KRW 80 million in total five times from March 17, 2017 to June 5, 2017.
2. Whether fraud is established
A. The gist of the facts charged in the instant case is that the Defendant entered into a contract with the victim and received KRW 80 million in the cost of construction without the Defendant’s intent or ability to normally engage in interior works within the date of completion.
Therefore, it is examined whether the defendant did not have the intention or ability to carry out the construction work according to the contract concluded with the victim at the time when the defendant entered into the contract with the victim and received KRW 80 million for the construction work.
B. In full view of the evidence duly admitted and examined by this court, the following facts can be recognized.