However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

On July 25, 2017, the Defendant appealed in Seoul Southern District Court for six months of imprisonment for fraud, and then withdrawn an appeal on November 23, 2017, and the said judgment became final and conclusive.

Around January 31, 2011, the Defendant conspired with C to purchase the scrap metal generated from the incineration site of the E Facilities Management Corporation in collusion with C, and entered into a contract to purchase the goods with the victim by making it false to the employee in charge who is not aware of his name at the office of the E facilities Management Corporation located in D, for KRW 340,000 per ton.

However, the fact that the Defendant promoted with C was a structure where the damage was incurred to KRW 240-270 per kg by purchasing and resale scrap metal from the injured party, and the situation where it was impossible to purchase and resell the scrap metal at the low price for appeal from the (ju) Ecoco to meet such damage. In addition, there was no special revenue or property, and there was no intention or ability to pay the victim the advance payment received by the injured party for personal debt repayment and living expenses.

The Defendant: (a) by deceiving the victim as above; (b) received the delivery of 56,188,400 tons of scrap metal equivalent to KRW 56,188,40 from February 5, 201 to May 6, 2011 from the injured party.

Accordingly, the defendant received property from the injured party in collusion with C.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. Statement made to I by the police;

1. Investigation report (attaching judgment related to public crimes C);

1. Standard contract for purchasing goods, specifications for selling scrap metal;

1. Previous records: As a result of inquiry, application of the search Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of criminal facts;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The crime of this case as to whether the sentencing criteria are applied shall be judged.