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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the facts charged is that the Defendant entered into a contract with E Co., Ltd. (hereinafter “E”) on December 23, 2013 for construction of the building and carried out construction works. However, on July 2014, when the victim F, who was awarded a subcontract for the interior works of the building from the first police officer, was suspended due to non-payment of the amount, the Defendant immediately paid the victim KRW 10 million out of the construction cost at the site of the construction of the building and promised to pay the remainder of KRW 38 million of the construction cost at the time of the completion of the construction, and agreed to directly pay the Defendant the remainder of the construction cost at the time of the completion of the construction, and completed a direct non-payment agreement with the same content on July 10, 2014, and caused the victim to conclude the remainder construction works by remitting KRW 10 million to the victim.
However, at the time, the Defendant had no capacity or intent to implement the above direct payment arrangement because all funds held as the price for the construction of the building in question were insufficient and no longer capable of using funds were available, and the Defendant did not notify the victim even though he changed the owner of the building in question to G on May 14, 2014.
As above, the Defendant, by deceiving the victim, had the victim complete the remaining construction from July 11, 2014, thereby acquiring pecuniary benefits equivalent to KRW 5 million of the construction cost.
2. Change of the owner of the Defendant’s assertion was to secure the construction fund borrowed from G, and the actual owner was still the Defendant.
The defendant notified the change of the owner to E, and did not notify the victim who was ordered to leave the office from E because it is not necessary to notify the victim, and there was no intention to deceive the victim regarding the change of the owner.
The written consent for direct payment shall be paid directly by the defendant and the remainder of the construction cost shall be the building because the victim has discontinued the construction work due to the failure of receiving the payment from E.