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

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On June 2, 2014, the Defendant made a false statement to the victim C’s house located in Namyang-si, the Defendant concluded the relevant construction contract with the victim “to complete the remodeling construction work of livestock pens on the Jeju-do.” On June 20, 2014, the Defendant again stated that “the victim would destroy the roof panel materials at the same place as above, and transfer the material cost of KRW 10 million to the victim at KRW 10 million.”

However, the defendant did not have the intent or ability to complete the work promised even if the contract for construction is concluded with the victim, and in particular, even if he receives money from the victim as a material price for roof panel, it is reasonable to pay the victim with smuggling wage and other materials cost for other construction sites, so there was no intention or ability to purchase the roof panel materials promised to the victim and to execute related construction.

On June 20, 2014, the Defendant was delivered KRW 10 million to the NongHyup Bank account under the name of the Defendant on June 20, 2014.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to written confirmation of electronic financial transfer;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Selection of Fine;

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 of the provisional payment order;