Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

[Criminal Power] On August 21, 2019, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Daegu District Court, which became final and conclusive on November 29, 2019.

【Criminal Facts】

The Defendant is an individual entrepreneur who is engaged in interior contracts and construction works in the name of “B” in Daegu Japan.

On October 11, 2018, the Defendant called the victim C by telephone that “I would immediately pay the price following the day on which the Defendant was first dismissed from the work of removing and processing closed buildings and destroying the foundation for the construction of housing in the commercial city D.”

However, in fact, the Defendant had reached a considerable amount of KRW 10 million at the time, and had been urged by many creditors to pay the amount equivalent to KRW 50,000 to other constructors due to business depression, and was planned to use the contract price received from the above clients for the repayment of the existing obligation. Therefore, the Defendant did not have any intent or ability to pay the price in time even if the above construction is completed by the victim.

Although the Defendant deceiving the victim and caused the victim to complete the above-mentioned work on October 12, 2018, the Defendant did not pay KRW 7.90,000 to the victim, thereby acquiring the same amount of pecuniary benefits.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (Attachment of Credit Information) and credit information history (A);

1. Previous convictions in judgment: A criminal investigation report (Attachment of the same record of a suspect), a written judgment (Evidence No. 10), and application of Acts and subordinate statutes;

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

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The crime of this case to which the sentencing criteria are applied is the criminal records stated in the judgment and the latter part of Article 37 of the Criminal Act.