The defendant shall be innocent.

The Defendant is a person who performs the overall work by delegation of authority from D, the actual owner of the building in relation to the Daegu Dong-gu C Apartment Construction Corporation (hereinafter “this case”). The victim E is a person who has subcontracted the above construction work from F Construction Co., Ltd., the contractor of this case, and the victim has extended the construction work by changing the purpose of use, etc. under D’s direction, resulting in a dispute over the increase in the construction cost, the Defendant has actively participated in the payment of the construction cost on behalf of D.

On June 27, 2010, the Defendant, at the office of the Defendant located in Daegu-si G on June 27, 2010, arbitrarily drafted an agreement stating that “A” pays 420 million won to F Construction, and F Construction (State) has to deposit the remainder other than the amount to be received by it into the passbook of B (H Construction and the corporation whose actual representative is the victim), and B (victim) has to receive it regularly, and made the Defendant believe that F Construction would have the victim pay the amount of construction.

On June 28, 2010, the defendant and the victim met D in the vicinity of the national bank located in Ulsan-si, Ulsan-do, and D paid 100 million won in cash to the victim in the name of the construction cost, and deposited 420 million won in F Construction.

Accordingly, the Defendant stated that “The Defendant would immediately transfer the construction cost unpaid from the F Construction (State), on the face of 25 million won in cash, to the F Construction (State),” but the Defendant did not have any intention or ability to allow the victim to pay the construction cost, as it is no relation with F Construction (State).

Nevertheless, the defendant deceivings the victim and received 25 million won in cash from the victim.