If the defendant does not pay the above fine, 50,000 won shall be one day.

[criminal record] On December 19, 2013, the Defendant was sentenced to five years of imprisonment for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) in the Seogsan Branch of the Daejeon District Court, and the judgment became final and conclusive on August 20, 2014.

【Criminal Facts】

On March 8, 2012, the Defendant made a false statement to the victim E at the construction site of the “DPC bank” located in Sinpo City C, stating that “The Defendant would complete the construction cost at a rapid time, i.e., DPC store floor studs and toilet construction cost, and purchase the main materials to carry out construction work.”

However, the defendant did not have the intention or ability to execute the construction even if he received the construction cost from the victim.

The Defendant, on March 9, 2012, remitted KRW 1.5 million from the victim as a contract price on or around March 9, 2012, and remitted KRW 1 million as a contract price on or around March 13, 2012, and acquired KRW 2.5 million in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Investigation report (F telephone search for witnesses), investigation report ( telephone conversations with persons for reference G and H);

1. Application of written estimates, copies of bankbooks, and Acts and subordinate statutes on the transactions of suspects;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the Defendant’s assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act, the Defendant asserted that the Defendant did not complete the construction work with the wind that he/she would undertake another construction work in the Chungcheongnam-gun, Chungcheongnam-gun, and did not receive the construction cost from the victim without the intention or ability to complete the construction work from the beginning.

According to the evidence, ① the Defendant is the case where the PC bank located in C when the Defendant was performing the human body construction work.