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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The defendant is a person who serves as an electrical engineer, and the victim is a person who supplies telecommunications facilities.

On August 23, 2013, the Defendant made a false statement to the victim C, stating that “The Defendant would deliver goods to the construction site and pay them in the form of direct deposit from the prime contractor at the site of the construction site.”

However, the fact does not have the intention or ability to pay to the victim even after receiving the price of the goods from the original office.

As such, from August 30, 2013 to October 18, 2018 of the same year, the Defendant: (a) by deceiving the victim; (b) obtained financial benefits equivalent to KRW 4,876,421, and (c) from September 13, 2013 to October 18, 2013, including total of KRW 11,407,528, including construction materials supplied by the damaged person to the new construction site of Pyeongtaek-si in Gyeonggi-do from September 13, 2013 to October 18, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statements by witnesses C, F and G;

1. Application of Acts and subordinate statutes on the customer sales ledger, electronic tax invoices, and transaction specification lists;

1. Article 347 (1) of the Criminal Act and the selection of fines for a crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the Defendant’s assertion taking into account all the circumstances, including the fact that the Defendant committed each of the instant crimes despite the fact that he/she had been sentenced to punishment for the same crime, the fact that he/she denies and does not reflect the amount of damage, and the circumstances leading to each of the instant acts, etc.

1. The Defendant, as an on-site warden, performed the construction work for an estimate with the request of H to conduct an official photographing, and H believed that H would pay all material costs and personnel expenses, and continued the construction work by linking the victim company with respect to the supply of materials. However, H was performing the construction work.