[Criminal Power] The defendant was sentenced to imprisonment with prison labor for ten months in Ansan District Court for fraud on July 13, 2018 and for the same year.

7. 21. The above judgment became final and conclusive, and on October 10, 2018, the same court was sentenced to two years of imprisonment for fraud, etc., and the above judgment became final and conclusive on February 8, 2019.

[Judgment of the court below] On January 1, 2017, the Defendant actually operated B (hereinafter “B”) for the purpose of manufacturing construction materials from around January 1, 2017. Around August 1, 2017, the Defendant entered into a contract to produce presses with the victim D and the content of the contract, “production of 8 sets of building board,” “85 million won of contract amount,” and the same year.

8. On December 12, 200, when entering into a gold-type production contract with the presses of “Bloket 4 sets production” and “24 million won” under the terms of the contract, the said office decided that the advance payment shall be made within 10 days after entering into a contract with 30% of the total payment, the intermediate payment shall be made within 10 days after the completion of the submission of sampling with 30% of the intermediate payment, and the balance shall be paid at the completion of the trial run at 40%” and the victim did not pay advance payment and the intermediate payment to the victim on September 2017. The victim, even after the completion of the production of gold-type in the same month, suspended its delivery.

【Criminal Facts】

At around September 21, 2017, the Defendant written a false statement stating that “The Defendant had no money raised” to the victim at the office (State) B around September 21, 2017. By September 30, 2017, the Defendant prepared a false statement stating that “The Defendant will supply the goods once it reduces KRW 20 million, which is a part of the gold penalty.”

However, in fact, the Defendant had no particular property at the time and had no intention or ability to pay the amount to the victim even if he received the product from the victim, because it was difficult for the Defendant to consume the loan of KRW 150 million in addition to the existing loan, and pay the interest of the loan and the monthly wage of the employee.

The defendant deceivings the victim to do so on the same day.