If the defendant does not pay the above fine, 50,000 won.

On July 2012, the Defendant: (a) entrusted a victim C with a construction project for the development of groundwater for three areas, other than the orchard site designated as a target for the support project of the Korea-U.S. FTA; and (b) called, “When performing the drilling project for the development of groundwater, the Defendant would undertake construction cost of KRW 3.6 million per case and KRW 108 million per case whenever the drilling project is completed.”

However, even if the Defendant is responsible for the above construction work, the Defendant had already borne approximately KRW 27 million at that time, and there was no intention or ability to pay the construction cost to the victim because he thought that the Defendant would use the subsidy to be paid from the Nutrition as other debt repayment or living expenses in relation to the construction project for the development of the groundwater in question.

Nevertheless, the Defendant did not pay the total construction cost of KRW 10,80,000 to the victim until August 30, 2012 and did not acquire property benefits equivalent to the same amount.

Summary of Evidence

1. Court statement made by the witness C on the third trial date; and

1. Each police interrogation protocol against the accused (written protocol dated March 4, 2013; March 8, 2013; and May 10, 2013)

1. The protocol of interrogation of the police officer against the accused (including the two-time protocol and the three-time protocol) (including the protocol and the three-time protocol on May 22, 2013);

1. Statement to C by the police;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports (to ascertain whether the other party construction costs of a subcontractor are settled);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act regarding criminal facts (the punishment shall be determined in consideration of the fact that the defendant selects a fine, the defendant has no previous conviction, the payment of construction price has been made in full by the victim, and the victim has not been punished);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;