Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

On September 7, 2012, the Defendant called the victim C Co., Ltd. (Representative D) to E, a driver of the construction equipment belonging to the victim C Co., Ltd. (Representative D), even if he leased the construction equipment, but did not have the intent or ability to pay the user fee. However, the Defendant believed that the Defendant would pay the user fee for the construction equipment within one week if the construction is carried out by using the construction equipment, such as a shower, etc., in cash, from September 7, 2012 to September 22, 2012, the Defendant acquired the economic benefits equivalent to that amount by failing to pay the user fee to the victim even if he leased the construction equipment.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of the defendant in part of the protocol of third radio waves;

1. The entry of witnesses D in the third trial records and the entry of some of the witnesses E in the third trial records;

1. Statement made by a witness F in the fourth trial record;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. An investigation report (to compile data which enables the suspect to confirm that he/she would have ordered the construction amount); and

1. Application of Acts and subordinate statutes, such as a written estimate or remittance certificate;

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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