The punishment of the accused shall be determined by six months of imprisonment.

Punishment of the crime

[2016 order 366]

1. On September 2013, the Defendant acquired timber by fraud made a false statement to the effect that “The victim D will receive a supply of and demand for the E construction work, but will pay the prime cost by processing timber and delivering it.”

In fact, the defendant is entitled to receive the construction cost E.

Even if they were to be used for other purposes, there was no intention or ability to pay the price even if they were supplied with timber from the victim.

The Defendant acquired timber from the injured party on October 2013 and on November 20, 2013 through supply of the market value of KRW 13.5 million through two times around November 2013.

2. The defrauded of the borrowed money: (a) the Defendant obtained a subcontract from F to obtain the timber necessary for the said construction from the victim D; and (b) entered into a timber supply contract with the victim around September 2013; (c) the Defendant received the timber price of KRW 55 million from the F around October 10, 2013; (d) the Defendant received the timber price of KRW 55 million from the victim and had the victim pay it to the victim at around that time; and (e) the victim needs to pay money to pay the human wage to the victim.

On November 2013, 201, a false statement was made to the effect that the Plaintiff would have repaid the 35 million won out of the money received as a wood price to the Hadman F with the amount of personnel expenses incurred.

In fact, even if the Defendant borrowed money from the injured party, it was thought that it will be used for fine payment, repayment of debt, living expenses, etc., and the Defendant received construction payment from F around November 2013.

Even if they were to be used individually, they did not have any intent or ability to repay them to the victim even if they borrowed money from the victim.

The Defendant received KRW 35 million, in total, from the injured party on October 15, 2013 and KRW 5 million on October 19, 2013 from the injured party as the borrowed money.

[2016 Highest 557] Around August 20, 2013, the Defendant was a person who was awarded a subcontract for G construction works from F Co., Ltd., and the victim H supplied stone to F, upon introduction by the Defendant.