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 December 24, 2013, the Defendant entered into a land sales contract for land E in Yangsan-si with the victim D (43 tax) of a building private person at the infinite coffee shop near C in Yangsan-si B, Yangsan-si, and immediately secured ownership.

In this place, the false statement was made that “A building design drawing is to be paid KRW 13,200,000 on the surface of the main place in order to place a building with a building with a building area of 264.66 square meters and a total floor area of 729.17 square meters above the third floor area.”

However, in fact, the Defendant did not have any ability to purchase the above land because the Defendant did not have been invested in the land purchase funds from the Defendant F or other persons. The Defendant did not have any asset under the Defendant’s name and did not have any intent or ability to pay the design cost even if the Defendant was to receive the design drawings from the damaged party due to the obligation, such as the loan of KRW 10 million.

Nevertheless, the Defendant did not pay KRW 13,200,000 as design cost even after he received the design drawings from the injured party by making a false statement to the injured party, thereby acquiring pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police against D;

1. A certificate;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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;