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Defendant shall be punished by a fine of KRW 4,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
The Defendant is a person who operates a program development company’s “D” under Article 603 of the Ilyang-gu Incheon Metropolitan City C Building 603.
1. Around January 18, 2012, the Defendant made a false statement to the victim E that “Around January 18, 2012, the Defendant would create the company’s website up to April 30, 2012, at the “G office” operated by the victim E, located in Seongdong-gu Seoul Metropolitan Government F Building 713.”
However, since the defendant did not pay the development expenses to the program developer due to the business depression of the above D and did not pay the wages of the employees, even if he received the payment related to the production of the company website from the victim, he was thought to use it as wages in arrears, etc., and did not have the intention or ability to produce the victim company website.
The Defendant received 6.6 million won from the victim on January 19, 2012 as the down payment for the production of the company website, and received 8.8 million won as the intermediate payment on July 6, 2012.
As a result, the defendant acquired a total of KRW 15.4 million from the victim on two occasions in the name of the production cost of the company website.
2. Around June 30, 2012, the Defendant made a false statement to the victim H that “The Defendant would pay KRW 2 million at the time when the delivery is completed by publishing 1,000 copies of a company’s promotional book with the design of the company and publishing 1,000 copies of the company’s promotional book to the victim H.”
However, due to the business depression of the above D, the Defendant did not pay the development cost to the program developer and did not delay the wages of his employees. Therefore, even if he received the promotional guide from the victim, he did not have the intent or ability to pay the cost.
The defendant does not pay the price despite being supplied with the above D office around November 28, 2012 by the victim.