Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On September 10, 201, the Defendant was requested from E who is responsible for construction of the “D Child Care Center” in the Dong-gu Daejeon District of Daejeon to manufacture and install the said Child Care Center in the cost of 8.2 million won. On September 10, 2011, the Defendant made a false statement to the effect that “on September 20, 2011, the Defendant would pay the price of household to the Child Care Center in the Dong-gu Daejeon District of Daejeon to the victim G who operates the Seo-gu Seoul Special Metropolitan City by phoneing the victim G who operated the F household factory to pay the price of household by September 20, 201.”

However, even if the victim has completed the production and installation of a attached park, the defendant should use 8.2 million won for the production and installation of the attached park in the above child care center at the time of the defendant's payment of the amount of 25 million won to pay the amount of credit debt corresponding to the amount of 25 million won. Thus, there was no intention or ability to pay the amount to the victim on the above date.

Ultimately, on September 20, 201, the Defendant: (a) by deceiving the victim as above; (b) caused the victim to produce and install the amount equivalent to KRW 4,850,000 to the above childcare center; and (c) obtained pecuniary benefits equivalent to the same amount by allowing the victim to do so.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol against the accused;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to investigation reports (the telephone investigation for H and E for reference witnesses);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.