A defendant shall be punished by imprisonment for six months.

Punishment of the crime

From May 201, the Defendant served as the Director of the On-Site, Co., Ltd., Ltd., a contractor in relation to the remodeling construction works of the C Hospital located in Yeongdeungpo-gu Seoul Metropolitan Government, and around May 201, the Defendant supplied the victim E with the closed cable equivalent to four million won to the victim around August 2011, stating that “The closed cable in the process of remodeling construction works of the hospital is expected to be installed to exceed ten tons, and the wire will be supplied to the victim.”

After that, on September 10, 201, the Defendant made a false statement to the effect that “The Defendant would additionally request the victim to pay waste wires generated in the course of remodeling construction.”

However, the Defendant was aware of the fact that no longer closed wires cannot be delivered to the victim due to the occurrence of the circumstances, such as the failure of the closed wires in the process of remodeling construction at that time, and received money from the victim for the purpose of advance payment, the Defendant did not have the intent or ability to return the money received from the victim if it is difficult to supply the closed wires to the victim or to supply the closed wires.

On September 10, 201, the Defendant, by deceiving the victim as above, received KRW 500,000 from the victim in cash as the advance payment for the closed cable, and acquired KRW 17,350,000 in total as the advance payment for the closed cable through 18 times from around the above time to April 10, 201, as shown in the crime list as shown in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Application of the Acts and subordinate statutes to the complaint;

1. The reason for sentencing of Article 347(1) of the Criminal Code of the pertinent Article on criminal facts [the scope of recommending punishment] is that there is no basic area (6 to 100 million won) (6 to 106 months) of the first type of fraud (the basic area (6 to 100 million won) (the special person) [decision of sentence] a defendant needs to be strictly punished in that he/she acquires a large amount of money and does not make efforts to pay for any damage.