Defendant shall be punished by a fine of KRW 7,000,000.

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

Criminal facts

The Defendant was the representative director of B from around September 2017.

On April 2018, the Defendant told D, an operator of the Victim C, a victim corporation, to post a telephone at a place on early April 2018, that “The Defendant would pay the price if he/she would supply materials, such as the initial stage and armoreds necessary for construction work, if he/she would do so.”

However, in fact, the Defendant did not have any particular property and income, and operated with the loan as a company with no profit-making profits, and thus, the employee was unable to pay monthly wage, so there was no intention or ability to pay the price for supply even if he received the delivery of the pre-paid and the lock.

As above, the Defendant: (a) by deceiving D, who is an operator of the victimized person, received an early stage of 278,300 won from the victimized person; (b) and received the electrical tape from the injured person; (c) and (d) had been provided with materials equivalent to KRW 4,478,100 and repair services equivalent to KRW 19,250,00 on four occasions from around that time to June 2018, the Defendant acquired the total amount of KRW 23,728,100, as stated in the list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. To apply the witness D, E, and F’s legal statement investigation report (the complainant’s telephone conversations), investigation report (the witness G telephone conversations), investigation report (the witness H telephone conversations), investigation report (the summary order attached), investigation report (the summary order attached), judgment, investigation report (the confirmation of the contents of the business agreement), statement of accounts receivable, statement of transaction details, list of electronic tax invoices, and business registration certificate under statutes;

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 of the Provisional Payment Order [The defendant and his defense counsel have the ability and intent to pay the price to the victim at the time of requesting the provision of goods, etc., but the investment is made from the investor different from the original plan.