The defendant shall pay 118,494,200 won directly to the applicant for compensation.

[criminal history] On November 19, 2014, the Defendant was sentenced to eight months of imprisonment for fraud in the Daejeon District Court, which was the actual representative operating D Co., Ltd. under the name of E, and completed the execution of the sentence on February 5, 2015.

[Criminal facts] The Defendant called “F” to the victim B, who operates the F on August 1, 2016 F on the date of the end of the end of the month, to pay the payment without molding from the 10th day of the following month, if the Defendant supplied the PP as the representative of the D Co., Ltd., and the PP is supplied.

‘False speech' was made.

However, at the time of fact, the Defendant received and operated the above company from the partner on June 2016, but the business operator suffered difficulties in paying a monthly salary due to the shortage of funds for the company operation, and there is no particular fund source, and even if the business operator received and sold the paint from others, the sales proceeds should be used as the first fund for the company operation, and thus, the sales proceeds should be used as the first fund for the company operation, so it was difficult to obtain approval as agreed upon by the victim, so there was no intention or ability to pay the price, even if receiving the paint from the victim.

As above, the Defendant: (a) received from the injured party the sum of KRW 118,494,20, KRW 26,600 from the injured party on September 8, 2016, the sum of KRW 545 of KRW 26,164,60, including G, to the said D Co., Ltd.; and (b) received from the injured party the sum of KRW 118,494,200 from the injured party nine times until October 7, 2016, as shown in the list of crimes in the attached Table, and acquired the victim’s property.

Summary of Evidence

1. Statement of the defendant in the first trial record;

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

1. A protocol concerning the interrogation of suspects of E;

1. Each police statement made to B, H, and I;

1. Statement of the customer sales ledger and trading statement;

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

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Facilitation of a lawsuit for compensation order, etc.;