A defendant shall be punished by imprisonment with prison labor for up to six months.

An application filed by an applicant for compensation shall be dismissed.

Punishment of the crime

The Defendant is a person who designs and manufactures accessories, such as electricityless cases and wireless type vehicles, and the victim D is a person who manufactures semiconductor parts.

Around May 13, 2014, the Defendant made a false statement to the victim, which was known through the land E, “The Defendant designed and sold the RC car into which semiconductor components are entered. The Defendant started the production of the pipe clamp drawing and sampling drawing on the main page, and may also issue a tax invoice. When drawing and sampling are completed, the Defendant would make a large volume of clamplate.”

However, in 2008, the Defendant paid KRW 300-4,000 per month as principal and interest due to the Defendant’s debt amounting to approximately KRW 1.5 billion as the business division around 2008, and thus, even if the Defendant received money from the victim for the purpose of semiconductor clamping production, etc., the Defendant did not have the intent or ability to supply semiconductor clamping and drawing to the victim since it was thought that it would be used as a repayment of debt, refund of refund to the RC orders, etc., and therefore, since the Defendant’s operation closed the business around 201, the Defendant could not issue a tax invoice to the victim.

As above, the Defendant, by deceiving the victim, received KRW 1,275,00 from the victim on May 13, 2014 for the production cost of semiconductor lamps, as well as remitting KRW 1,275,00 to the Defendant’s account. From that time to September 5, 2014, the Defendant received KRW 28,675,00 in total over 10 times, as shown in the separate crime list, from that time.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, G, and E;

1. Partial statement of the witness H in the court;

1. Some statements made by the police and the prosecutor's office on the accused (including each statement written in D);

1. Application of statutes on the text of an order, A’s name, transfer certificate, Kakakakao Act dialogue, A’s account transaction statement, KaKakao Act and subordinate statutes on the transmission and reception of e-mail;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;