Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Criminal facts

The Defendant, who manufactures and installs steel structures in the name of “D” in Kimhae-si, was a person who manufactures and installs steel structures in the name of “D,” and, around January 2, 2017, the Defendant agreed to perform construction works by being awarded a contract for 26,50,000 won of the car center repair works in the movement of Kimhae-si from the victim G from around January 2, 2017, but the tenants of the car center, which is the construction site, did not work as the end director on March 2, 2017.

On February 8, 2017, the defendant, by telephone at a place where it is not possible for the victim to purchase materials necessary for the Corporation in advance, because the value of the Do governor's Do governor's Do governor's Do governor's Do governor's.

“False speech was made to the effect that it was “.”

However, even if the defendant receives money from the injured party as the price of the material, he did not have the intent or ability to purchase the necessary material for the above work.

In this regard, the defendant deceiving the victim as above and transferred 10,000,000 won to the Agricultural Cooperative Account under the name of the defendant (the No. H.) in the name of the victim as the price for materials on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A protocol concerning the examination of a suspect against the defendant by a certain prosecutor (including the G statement);

1. Application of Acts and subordinate statutes on the transactions of deposits and withdrawal;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. The criminal intent of defraudation, which is a subjective constituent element of the crime of fraud, for the conviction of Article 70(1) and Article 69(2) of the Criminal Act, shall be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial history before and after the crime, environment, details of the crime, and the process of transaction performance, unless the Defendant is led to the confession. The crime of fraud is also established by dolus negligence. The subjective element of the constituent element of the crime refers to the case where the possibility of the occurrence of the crime is expressed as unclear, and it is permissible in light of the degree of willful negligence.