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

The defendant is the actual operator of the K-type Urban Housing Corporation Co., Ltd. in Busan, which is the executor of the K-type Urban Housing Corporation, and the complainant E(57) entered into a contract with the K-type Urban Housing Corporation Co., Ltd. around January 2012 in relation to the P-type Urban Housing Co., Ltd. in the above construction site.

On April 2, 2012, the Defendant made a false statement to the complainant that, as the complainant who had engaged in the pump work for the above construction site did not receive the full amount of working expenses from the Dohato Construction Bank, the Defendant would induce the complainant to proceed with the construction, and that, on April 25, 2012, at a place where the location cannot be known, “the complainant is the representative of the internal company, the user fee of KRW 2.55 million which the four days did not receive from the Dohato Construction, shall be paid within five days after the completion of the structural construction, and the user fee of the pumps to be worked after the increase shall also be paid immediately on the day.”

However, in fact, the defendant only made such false statements to continue the work, and was in a situation where the outstanding amount of the company related to the construction site was overpopulated at the time, so the complainant did not have the intention or ability to pay the above work as agreed even if the complainant continued the work.

As such, the Defendant, by deceiving the complainant, had the complainant conduct additional pumps over a total of five occasions from April 26, 2012 to May 31, 2012, and then did not pay a total of KRW 4,930,000,000, including unpaid amounts, thereby acquiring property benefits equivalent to that amount.

Summary of Evidence

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the complaint (including a written confirmation of the payment of attached construction cost);

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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;