A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The Defendant, as the operator of “Co., Ltd.” specialized in individual heating conversion works, called “C” and called “C to pay the price for the construction works, such as pipes, within the following month from October 4, 201 to October 28, 201, by phone calling to F employees of “Co., Ltd. E” via “D,” the said company employees,” and “C would supply the individual heating conversion works for the 1,746 household units of “C,” and received supply of the price for the construction works, such as pipes, from the said individual heating conversion works site to October 28, 2011.”

However, the Defendant’s “C”, which is operated by the Defendant, did not have any intent or ability to pay the material price within one month, even if it is supplied with materials from the victim in an amount equivalent to KRW 7-80 million.

As above, the Defendant, by deceiving the victim, acquired approximately KRW 281,280,124 of construction materials.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements by witnesses H, F, and D in this Court;

1. Statement made by the police against D or F;

1. Details of transactions, electronic tax invoices, contract amendment agreements, payment details of individual heating construction costs, details of transactions by a trading company, and application of statutes governing the closure of business;

1. The Defendant’s assertion regarding the Defendant’s assertion under Article 347(1) of the Criminal Code of the pertinent statutory provisions regarding criminal facts was intended to receive the construction cost from another construction site or to pay part of the remainder from G apartment if he/she had received the remainder from G apartment. However, unlike the anticipated residents of G apartment, the Defendant failed to receive the remainder of KRW 319,309,60 due to the wind, and the Defendant’s failure to pay the remainder of KRW 319,309,60 to the victim. The Defendant’s practice in the industry operated by the Defendant remains as the outstanding amount and paid the balance of the construction cost in return for receiving the construction cost from other construction sites.