Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

The defendant is the representative director of a specialized construction business chain C (ju).

From April 201, the Defendant had been supplied with the construction materials from the victim D, who was the wholesaler of the steel materials tools from April 201, paid the construction cost as personnel expenses of another construction site, etc., and has been deferred payment to the victim. From August 2012, the financial debt amounting to KRW 240 million, and the unpaid personnel expenses, etc. reached KRW 100 million, there was no intention or ability to pay the price even if the building materials are supplied by the victim.

Nevertheless, around September 30, 2012, the Defendant made a false statement to the victim stating that “on the face of delivery of Lblass, etc., the Defendant would pay the price to the victim,” and received materials equivalent to KRW 719,250 on that day from the victim, and received materials from the victim around that time to September 16, 2013, and acquired them by taking the materials equivalent to KRW 24,495,050 on nine occasions in total as shown in the annexed crime list.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes, such as tax invoices and specifications of transactions;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for criminal facts;

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;