Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

1. On May 1, 2015, the Defendant made a false statement to the victim B, “The apartment construction works located in Taean-gun, Taean-gun, implemented by the C company, entered into a contract on the side of Korea at the coffee shop located in Nam-gu, Incheon, Nam-gu, Incheon.”

However, since the defendant did not have entered into an apartment construction contract with the company, even if he received money from the victim, he did not have the intention or ability to subcontract electrical construction to the victim.

The Defendant, as entertainment expenses, received KRW 2.5 million from the victim, around May 16, 2015, KRW 1.0 million around May 30, 2015, KRW 3.5 million around June 16, 2015, KRW 2.2 million around July 1, 2015, and acquired money from the victim through a new bank account (E) in the name of the Defendant’s child.

2. On September 10, 2015, the Defendant made a false statement to the victim B, at the Defendant’s office located in the Seoul Southern-gu Incheon Metropolitan City Office, Nam-gu, Incheon Metropolitan City F building, stating that “The Defendant would give electrical construction to the Namdong Industrial Complex, and would give money as entertainment expenses.”

However, in fact, the defendant did not receive any construction work, so even if he received money from the victim, he did not have the intention or ability to subcontract electrical construction to the victim.

The Defendant, as entertainment expenses, received a total of KRW 5,500,000 from the victim, including KRW 2.5 million around September 10, 2015, and KRW 3 million around September 24, 2016, from the victim to the new bank account (E) in the name of the Defendant, which is the child of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to trade statements);

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.