Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On October 25, 2015, the Defendant, at the victim C’s house located in Chocheon-si, around October 25, 2015, has built the same church and the KT with the victim who intends to newly build a house.

It is intended to build a 3-story house at the leave of one examination.

“Written consent from the injured party” was received from the injured party.

On November 19, 2015, the Defendant, at the above house, made a false statement to the victim, stating that “The Defendant: (a) requested the victim to design the design drawing at the cost of the design in a non-fashion; (b) the design drawing cost of KRW 5,00,000,000.”

However, even if the defendant received money from the injured party as the design cost, he was only the intention to use it as his living cost, etc. and did not request the design.

The Defendant was transferred KRW 5,00,000 to the account (Account Number D) in the name of the Defendant on the same day from the injured party.

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

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant asserts to the effect that he did not have any intention to commit fraud even after fully recognizing the facts in his judgment.

However, inasmuch as the Defendant did not request the design drawing but received KRW 5,00,000 from the injured party as the design cost, and used the said money as a living cost, etc., the intent of defraudation is sufficiently recognized.

The above assertion by the defendant cannot be accepted.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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;