A defendant shall be punished by imprisonment for four months.

Punishment of the crime

The defendant is a person who operates C at the time of racing.

On October 2014, the Defendant stated that “Around October 2014, the Defendant would have ordered the victim D to construct a factory in the E complex between Cho Man,00, but the design cost and the authorization cost would have been KRW 40 million to the mother and child Party B, who would have ordered the construction of a new factory to the Party.”

However, even if the defendant received money from the victim, he was planned to use it for an individual purpose, and the victim did not have any intention or ability to contract the new construction of the factory.

As above, the Defendant was issued a copy of an electronic bill, which was composed of KRW 44 million at the face value around October 15, 2014, by the victim, from a false statement.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of examination of the suspect against the accused by the prosecution (including the cross-examination);

1. Statement of D police statement;

1. A complaint - a receipt of loan, a certificate of seal impression (A) and a certificate of seal impression (F);

1. Determination on the assertion by the Defendant and his defense counsel as to the contents of promissory notes, note note, subcontract statement, electronic tax invoice, invoice, electronic tax invoice, passbook copy, Defendant, and defense counsel

1. The main point of the argument is that a promissory note of KRW 44 million, which the Defendant received from the victim on October 15, 2014, offsets all the Defendant’s claims against the victim, and thus, there is no intention to acquire it by fraud.

2. Determination

A. According to the evidence duly admitted and examined by this court, the following facts can be acknowledged.

(1) In around 2014, the Defendant, who is the actual manager of C (hereinafter referred to as C), was awarded a contract for the construction work that C intends to build a new G factory (hereinafter referred to as “instant construction work”) with G Co., Ltd. (hereinafter referred to as “G”) by setting the construction cost of KRW 870,000,000.

② Around 2014, the Defendant performed the instant construction work with the victim managing H by setting the construction cost of KRW 810 million on behalf of the victim C.