The defendant shall be innocent.

1. The facts charged in this case

A. The Defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is a person who actually operates a construction company under the trade name “D” in Gyeyang-gu Incheon.

From February 2014, the Defendant, from around February 2, 2014, used the aforementioned company as a loan borrowed money for living expenses with no sales performance. The Defendant was unable to obtain a guarantee from the Korea Credit Guarantee Fund because it was not good enough to prepare for the construction cost, except for bank loans, and there was no intention or ability to pay the construction cost even if the construction is contracted, since it was difficult to receive a loan from a bank.

Nevertheless, on June 11, 2015, the Defendant entered into a contract with the vice president of the Victim E Co., Ltd. (hereinafter “victim Co., Ltd.”) at the above D office with the content of being awarded an order of KRW 1 billion, on the ground that “The construction contract is defective because the Defendant would obtain a guarantee from the Korea Credit Guarantee Fund and pay the construction cost with bank loans expected to obtain a PF loan from the National Bank.”

The Defendant had the victim perform construction works from June 12, 2015 to November 10, 2015, but did not pay the payment for the completion of the construction cost to the victim and did not acquire economic benefits equivalent to the same amount.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

B. Around June 11, 2015, the Defendant concluded that, “Around June 11, 2015, the Defendant borrowed 25 million won as the operating expenses of the victim company to the vice president F of the said D office, the Defendant would receive bank loans and repay the said amount immediately.”

However, on the ground of Paragraph 1, the defendant did not have any intention or ability to repay the money from the victim.

The defendant shall borrow money from the victim.