Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

[criminal records] On March 30, 2016, the Defendant was sentenced to four months of imprisonment for fraud in the Incheon District Court’s Vice-Support, and one year of suspended execution, and the above judgment became final and conclusive on April 7, 2016.

[2] On March 1, 2012, the Defendant concluded a subcontract for the removal of buildings located in Yangcheon-gu Seoul Metropolitan Government D with the victim B at a mutual influent restaurant located in Yangcheon-gu Seoul Metropolitan Government around March 1, 2012, but the Defendant could not carry out construction due to the circumstance. As such, the Defendant made a false statement that the value of the scrap metal coming from the said construction would exceed the removal construction as the down payment in advance.

However, the above removal was not scheduled, and at the time, the defendant was required to pay money due to bad credit standing, and even if he received money from the injured party, he did not have the intent or ability to have the injured party proceed with the removal work.

The Defendant, as such, by deceiving the victim, received the total sum of KRW 10 million on the same day from the injured party, and KRW 12 million on the second day of the same month, as the contract deposit for construction work.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against B; and

1. Previous convictions in judgment: Application of the Acts and subordinate statutes in the first sentence of the judgment, such as a written reply to inquiry, such as criminal history, and the second sentence of the judgment, 331;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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;

1. Comprehensively taking account of the circumstances under Article 51 of the Criminal Act, such as the fact that an agreement is reached with the victim with the reason for sentencing under Articles 32(1)2 and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation, and the fact that the crime of this case is in a concurrent relationship with the crime of previous conviction as indicated in the judgment and the crime of this case, and the principle of equity with the case to be judged concurrently.