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

1. On July 14, 2015, the Defendant made a false statement to the victim “D” office operated by the victim C in Daegu Northern-gu, Daegu Northern-gu, that “The Defendant will pay the price to the victim immediately after the completion of the construction upon delivery of electric materials.”

However, in fact, the Defendant was liable for the obligation of several million won at the time, and some of the start money of the construction work at the time was unable to complete the construction work by using the personal debt repayment, and thus, there was no intention or ability to pay the price for the supply to the victim upon receiving the construction cost even if it was supplied with electric materials.

Nevertheless, on July 17, 2015, the Defendant: (a) by deceiving the victim; and (b) received the supply of electric materials, such as a set of 3,518,350 won at the market price, from the victim.

2. On July 17, 2015, the Defendant called the “D” office of the victimized person at a place where it is unknown on or around July 17, 2015.

When the Corporation lends money, it shall pay the same amount as the price of the above electrical materials in lump sum as after the completion of the Corporation.

“A false representation was made.”

However, the Defendant did not have any intent or ability to repay the borrowed money, as the Defendant is expected to use part of the borrowed money from the damaged person for the repayment of his/her personal debt.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 3,00,000, in total, from the victim to the Agricultural Cooperative (F) account in the name of the Defendant, for the purpose of borrowing from the victim, KRW 50,000 on July 17, 2015, KRW 19,000 on July 19, 2015, and KRW 3,500,000 on July 22, 2015.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of the remittance statement and the E-Sales Director (A)-General Act and subordinate statutes;

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. The order of provisional payment;