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

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

1. On September 5, 2017, the Defendant: (a) around the construction site of the Seo-gu Incheon Building Construction Project; (b) around September 5, 2017, the victim D, a C operator, was awarded a contract for the construction of B landscaping and the packing of the parking lot container B from E, a main contractor of the construction project; and (c) out of this, the Defendant would pay the construction cost of KRW 13.5 million as the completion of the construction project.

However, the fact is that the victim completed the above parking lot B package construction, and even if the defendant received the construction payment from the above E, the victim did not have the intent or ability to pay the construction cost.

Around September 26, 2017, the Defendant: (a) by deceiving the victim; (b) caused the victim to perform construction works on the package of the instant parking lot B; and (c) did not pay the construction cost of KRW 13.5 million; and (d) acquired pecuniary benefits equivalent to the said amount.

2. On September 26, 2017, the Defendant: (a) demanded the payment of the construction cost indicated in paragraph (1) by telephone call from the said victim; and (b) stated that “If the Defendant would impair the packing work of the parking lot Amb in Yeongdeungpo-gu Seoul Metropolitan Government F, the Defendant would immediately pay KRW 1.5 million of the said construction cost, KRW 13.5 million of the parking lot construction cost, KRW 15 million in total, and KRW 15 million of the said construction cost.”

However, the defendant did not have the intent or ability to immediately pay 15 million won to the victim, as stated above, even if the victim completed the package work of the parking lot ice package in the above F.

Around October 2, 2017, the Defendant: (a) by deceiving the victim; (b) caused the victim to pack the parking lot container in F; and (c) did not pay KRW 1,500,000,000 to the victim; and (d) did not acquire property benefits equivalent to the said amount.

Accordingly, the Defendant, by deceiving the victim as above, had the victim carry out a package work of the parking lot in the two parking lots, and then had the victim carry out a total of 15 million construction cost.