Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

On October 14, 2016, the Defendant was sentenced to imprisonment in Seoul Central District Court 2016No. 1977 fraud and embezzlement, and the said judgment became final and conclusive on the 22th of the same month.

On July 10, 2011, the Defendant, at the Seoul Gwangjin-gu Seoul Special Metropolitan City Office 201 Dong 205, 205 (State), will give a subcontract to the victim D for the remaining portion of the “E hotel” remaining construction works, the cost of which is three million won per week.

After conducting an on-site investigation, the written estimate of the remaining amount of construction work was false.

However, at the time of fact, there was no fact that the defendant entered into a contract with the owner for the remaining portion of the project, and even if he was unable to prepare the above construction fund in an economic difficult situation due to the lack of the ability to properly operate the project, he did not actually have the intention or ability to subcontract the remaining portion of the project.

The Defendant, as such, makes a false statement to the victim, and from the victim, 3 million won from the first bank account (G) in the name of F on the 22th of the same month, and the same year.

8. 12. On the 16th day of the same month, 200,000 won was remitted to the said F’s new bank account (H) with 200,000 won in total three times, including the said F’s new bank account.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A contract for construction work and a complaint;

1. Police investigation report (Submission of written agreement on duties at the time of the case No. D)

1. Previous convictions before and after judgment: Inquiry about criminal history, investigation report by prosecution (in the case of a trial, confirmation of the case), copy of each judgment, inquiry into case (16No. 1977) and application of statutes;

1. Article 347 (1) of the Criminal Act and the selection of fines, inclusive, by the relevant legal provisions and the choice of punishment for the crime;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;