Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

On September 25, 2008, the Defendant: (a) requested the victim E, an employee of the victim E, to undergo the aforementioned D’s new construction work, from Integyptian construction business operator; and (b) stated that “the Defendant would first have the contract amount of KRW 3 million upon receiving a request from the victim E, the victim E, a corporation.”

However, in fact, the Defendant did not pay the material cost to G companies which are material suppliers at the time, and did not intend or have the ability to normally complete new construction by inserting the material cost and personnel expenses even if the Defendant receives the down payment from the victim in excess of the liability such as failure to pay it, etc.

Nevertheless, the Defendant received 3 million won from the victim's account under the name of the Defendant at that time as a new contract price.

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

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement concerning F;

1. A complaint;

1. An investigation report (Attachment of indictment for the same kind of crime at the same time) [Attachment of indictment for the same time] [The above evidence revealed that, at the time of the crime, the defendant was aware of the fact that the defendant's debt status (a debt of KRW 54 million) and the defendant's previous order was not paid at the time, and the material for the new construction in G company could not be supplied at the time of the occurrence of the previous order. Nevertheless, it is reasonable to view that the defendant had the criminal intent to obtain fraud by taking into account the following circumstances: the defendant delayed the scheduled date of completion of the construction; the defendant did not proceed with the construction of the promised construction until the completion of the construction; the victim requested the return of down payment;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;