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

Where the defendant fails to pay the above fine, one hundred thousand won shall be applied.

Punishment of the crime

The victim C is the owner who has been responsible for two new construction works of the second floor commercial buildings and the commercial buildings located in Gwangjubuk-gu E from March 2016 to July 2016.

On June 2016, 2016, the Defendant: (a) entrusted the construction of one building, outer wall of the building of commercial building, and the finishing of stairs from the above new construction works; (b) paid the construction cost directly from the injured party, and (c) paid the construction cost in advance; (d) KRW 10 million in the construction cost shall be paid in advance; and (e) KRW 8 million in advance shall be paid after the completion of the construction works with the injured party and D; and (e) paid KRW 10 million in advance from the injured party.

Around August 1, 2016, the time when the construction work requested by D was completed, the Defendant contacted D with “the payment of the remainder of the construction cost to eight million won,” and D wired eight million won to the Agricultural Cooperative Account (G) in the name of F that the Defendant manages as the remainder of the construction work on the same day.

On August 4, 2016, the Defendant received eight million won from D to the above account in the name of F that the Defendant manages as a balance of construction work by hiding the fact that the Defendant received eight million won from D as the balance of construction work, and acquired it by remittance.

Summary of Evidence

1. The defendant's legal statements made in court by witnesses D;

1. Some statements made against the defendant during the police interrogation protocol;

1. The Defendant asserts to the effect that the written statement of text messages in the police statement form D and C (the Defendant’s receipt of eight million won from D is an additional construction cost and thus, the victim’s deception did not receive any balance of construction cost in duplicate.

However, there is no evidence to prove that the defendant has made an additional construction work equivalent to eight million won.

Rather, in light of the size of the instant commercial building and the size of the subcontracted construction, the amount claimed by the Defendant was unexpected at the time of the initial contract.