The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

1. On December 2013, the summary of the facts charged, the Defendant: (a) entered into a contract with the LAB and the LAB with respect to the construction of new facilities in neighborhood F and G (hereinafter referred to as “new facilities in this case”); and (b) entered into a new contract with the LAB and the LAB on December 18, 2013 by entering into the said new construction contract with the LAB and the LAB and entered into a contract with the LAB and the LA and entered into a new contract with the victims for the new construction on December 18, 2013; (c) KRW 100 million out of the construction cost, shall be paid in cash at the time of completion of the steel-based basic construction; and (d) the remainder of the construction cost shall be paid in lots on the condition that one newly constructed house in Chungcheongnam-gun, the KAB and the KA will be paid in full by April 20, 2014.

However, in fact, it was difficult for the Defendant to implement civil engineering works to create a electric power complex on the land, such as Chungcheongnam-gun, Chungcheongnam-gun, etc. without any funds, to pay 5.8 billion won for the land price, and to secure ownership for the said land due to the ownership dispute between the land owners. Since the civil petition filed by the residents near the construction site was not implemented properly, there was no intention or ability to pay the remainder of the cost and the balance to the victim in cash or substitute at the time, even if the victim was given the subcontract to the victim for construction work.

Nevertheless, the Defendant had the victim engage in new construction work so that the amount equivalent to KRW 453,342,280,000,000 for the victim by deceiving the victim as above, but did not pay the amount equivalent to KRW 348,292,280 among them.

2. Determination

A. The existence of the crime of defraudation, which is a subjective constituent element of the crime of fraud, shall be determined by comprehensively taking into account the objective circumstances such as the defendant's financial history, environment, contents of the crime, process of transaction, and relationship with the complainant, unless the defendant makes a confession (see Supreme Court Decisions 85Do262, Jul. 7, 1987; 85Do2662, Mar. 3, 196>