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

1. On November 09, 2017, the defrauded B, who did not have the intent or ability to pay the construction cost, concluded that, at around December 00, 2017, the Victim B would pay the construction cost if he would perform the remodeling work at the Seocho-gu Busan Special Metropolitan City, Busan Special Metropolitan City, the Defendant acquired the pecuniary benefits equivalent to KRW 1.5 million of wages by having the Victim B perform the remodeling work.

2. On November 18, 2017, the Defendant against the victim D, who did not have the intent or ability to pay the construction cost, acquired pecuniary benefits of KRW 4.8 million wage by having the victim D, who was the number of trees introduced by B from the “C party head” of the Defendant’s operation in the Busan Northern-gu, Busan Northern-gu, stating that “materials will directly purchase the materials, if the construction work is completed and deposited immediately after the completion of the construction work, such as the party head, the party head, the party head, and the party head, and the party head, and the party head, etc., in order to directly purchase the materials.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning B and D;

1. Application of each statute on filing of a complaint;

1. Article 347 (1) of the Criminal Act, the applicable law concerning the facts of crime, the choice of punishment, and the choice of fines;

1. The latter part of Articles 37 and 39(1) of the Criminal Act for concurrent crimes (the defendant was sentenced to six months of imprisonment and one year of suspended execution at the Busan District Court on May 17, 2018, and the above judgment became final and conclusive August 2, 2018).

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;