Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

On August 31, 2009, the Defendant agreed to pay KRW 150 million as advance payment on September 2, 2009, when the period of construction is from September 1, 2009 to December 10, 2009.

On September 2, 2009, the Defendant made a false statement with the purport that “In order to place an order for raw and subsidiary materials and fixtures to China, 200 million won need to be paid in advance, and it would be good. When placing an order for the production of goods in China, 50% advance payment should be given in advance, and the work shall begin on the basis of the people’s belief and belief.”

However, even if the defendant received money from the victim, he did not intend to import raw materials and equipment from China.

As above, the Defendant, by deceiving the victim as above, received 150 million won for the purchase of raw and secondary materials and equipment in addition to the advance payment as agreed above from the victim.

Summary of Evidence

1. Some of the protocol concerning the examination of the suspect against the defendant;

1. Protocol concerning the examination of suspect of the police against D;

1. Statement of the police statement regarding C;

1. Application of statutes on a copy of contract;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act was that the Defendant agreed from the victim of the instant construction contract to receive KRW 150 million as advance payment at the time of the contract, and KRW 200 million as the first intermediate payment on September 16, 2009. The Defendant received KRW 50 million as the first intermediate payment, instead of being paid KRW 300 million on September 2, 2009, which was the advance payment date, from the victim, only KRW 200 million as the first intermediate payment. Accordingly, the Defendant’s profit derived from the instant crime is nothing more than the amount equivalent to KRW 150 million interest for about KRW 150 million.

Although the defendant was punished several times in the past, it is serious.