Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

On May 2, 2014, the Defendant concluded an entrustment contract for the collection, transportation, and disposal of construction waste at the victim B and D offices located in the Guri-si, Inc., Ltd., and concluded that “I would pay KRW 13,200,000 as disposal cost if I would like to collect, transport, and dispose of wastes at the site of factories and housing removal in the Gunpo-si E and F.”

However, even if the injured party collects and transports wastes at the above removal site, he/she did not have the intention or ability to pay 13.2 million won of the cost of disposal.

As above, the Defendant did not pay KRW 13.2 million for waste treatment costs by deceiving the victim, thereby acquiring pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A contract concluded on entrustment for collection and transportation of construction wastes and a certificate of collection and transportation of construction wastes;

1. Application of Acts and subordinate statutes governing receipt of cash custody;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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