A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On November 3, 2013, the Defendant would pay to the victim B within 10,000 won by telephone.

“A false statement” was made.

However, the defendant did not have the intention or ability to repay the amount within 10 days even if the defendant had the victim pay the C material price on behalf of the victim.

The victim, on November 5, 2013, paid 330,000 won by means of a credit card in the name of the victim on behalf of the victim, and paid the credit card fee normally around December 2013.

Accordingly, the defendant, by deceiving the victim, has gained 3.3 million won property benefits from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement in court (including the files of recording testimony) among the protocol of examination of witness B concerning witness B;

1. The credit card use details attached to the statement statement statement statement statement statement No. B (15 pages of investigation records) [the defendant and defense counsel will pay to B the defendant within 10,000 won of the C material price in lieu of the C material price of 3.3 million won as stated in the facts charged.

It asserts to the effect that the phrase “” was not written.

However, there are consistent and detailed statements between B and B in the investigation agency described in the facts constituting a crime, and the explanation from which B paid the C material price is natural (B may pay the C material price up to the equipment cost closely covered by the completion of the construction work to pay the C material price). The statement from the Defendant was made in lieu of C, such as the facts constituting a crime, after hearing the Defendant’s explanation.

The process of such payment is natural, rather than that of the Defendant’s assertion, and if the Defendant did not make any statement to B, B cannot explain the reasons why B would substitute as above).

The defendant and defense counsel's assertion are not accepted, and all facts constituting a crime are proved.

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to the facts constituting a crime (the penalty)