When the defendant does not pay the above fine, 100,000 won.

The Defendant is a personal architect who engages in a building business under the trade name of “B.”

On October 29, 2015, the Defendant made a false statement that “E” operated by the victim D, who is located in the Cheongbuk-do Cheongbuk-gun C, that “The Defendant would pay KRW 4,367,640 to the victim immediately after arriving at the construction site, if the victim supplied the board and materials necessary for the housing construction in the Gyeongnam-do west-gun.”

However, there was no intention or ability to pay the price even if the defendant receives the board and the material from the injured party, because the financial situation of the "B" which the defendant operated at the time has deteriorated, and the amount of KRW 300,000 is not paid for the material cost and personnel expenses.

On the same day, the defendant received from the injured party a panel and material amounting to 4,367,640 won in the market price.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no record of punishment for the same crime, and that an injured person does not want the punishment of the defendant by mutual consent with the injured party, etc.);