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

The defendant, who is the actual representative director of C (ju) who is a construction company that carries out civil engineering, construction and housing construction work, has ratified a sub-subcontract for construction work such as the failure of construction, waterproof, tidal work site of the Seo-gu Incheon Metropolitan Government E-style apartment construction site, the sub-subcontract in the main office of C (ju) in Songpa-gu, Seoul around July 6, 2009, and the sub-subcontract in the Daejeon-gu, Seo-gu, Daejeon, which is the subcontractor of the said C (ju) and the victim G, operated by the victim (ju).

Instead, the purport was that the construction contract deposit is paid in 20 million won.

However, the fact was that the construction was interrupted due to the occurrence of the problem related to the loan of construction costs during the process of civil engineering works, and even if the new construction works were to be implemented and executed in the above C (State), there was no intention or ability to re-subcontract the construction works even if they were to receive the said money from the injured party.

The defendant was given 20 million won from his seat to the injured party.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and I;

1. Statement of examination of the police officer before J;

1. Application of Acts and subordinate statutes on receipts, check copies, service contracts, and standard subcontracting agreements;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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;