Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

1. On January 31, 2017, the Defendant made a statement to the effect that “The Defendant would pay the victim in cash on the last day of the following month when he received an order for the volume of the E construction work, while supplying the pertinent paints to the victim’s office operated by the victim C in Ulsan-gun, Ulsan-gun, Ulsan Metropolitan City.”

However, in fact, the E-work price to be paid by the defendant was attached to other creditors, and there was a debt equivalent to KRW 200 million, and even if the employer is supplied with a seal from the victim due to the financial condition that the employee could not pay the wages, there was no intention or ability to pay the price.

As above, the Defendant, by deceiving the victim, received 6,949,800 won from the victim around February 2017, and around March 2017, and received 1,930,50 won in total, and 8,880,300 won from the victim.

2. Around February 28, 2017, the Defendant said that “If the Defendant borrowed KRW 5 million in cash from the present E Corporation and H’s share price is large, the Defendant would repay the borrowed amount to the victim at the end of March and bring the order amount to D” at the G office operated by the Defendant in Ulsan-gun, Ulsan-gu, Ulsan-gu, Seoul Metropolitan City.

However, the defendant did not have the intent or ability to repay the borrowed money as stated in the above paragraph (1).

On March 3, 2017, the Defendant, by deceiving the victim as above, received 5 million won from the victim to the I Bank Account (J) account in the name of the Defendant and acquired pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Details of transactions;

1. A letter of financial information reply;

1. Electronic tax invoices;

1. Application of Acts and subordinate statutes on trading lists;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the instant crime.