On June 12, 2012, the Defendant: (a) on June 12, 2012, 12, loaded 120 tons of scrap metal at the Gyeonggi-si port to the victim F, introduced by D through D in the E Office operated by Dongjak-gu Seoul Metropolitan Government D neighboring D;

The purport of the above scrap metal was to sell it to the victim, and concluded a sales contract with the victim that calculated the scrap metal as KRW 380,000 per ton between the victim and the purchase price of KRW 45,60,000.

However, the Defendant was not the owner of the said scrap metal, and there was no authority to dispose of the said scrap metal from the beginning, and even if the purchase price was received from the victim, there was no intention or ability to deliver the said scrap metal to the victim immediately.

Nevertheless, the Defendant received 23,000,000 won from the victim to the Agricultural Cooperative Account in the above name as the down payment on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to a sales contract for scrap metal, or a copy of a bank account in the name of a complainant (Evidence No. 6 and 7);

1. Relevant Articles of the Criminal Act and Article 347(1) of the Criminal Act concerning the punishment, and the reasons for sentencing;

1. The scope of punishment by sentence: Imprisonment with prison labor for not more than ten years;

2. Recommendations and sentence on the sentencing criteria: Imprisonment with prison labor for six months - one year and six months (the basic area among the types of general fraud 1);

3. Determination of sentence: The reason for eight months of imprisonment: not only the defendant did not secure ownership of the scrap metal, but also introduced the victim for the purpose of using the money in the name of the purchase price of the scrap metal that is not related to the sale and purchase of the scrap metal in the absence of any particular property, thereby denying the criminal intent to acquire it, even though the victim was used in dividing the above money with D and the above money, and thus, it is not good that such crime is committed. Nevertheless, the victim did not recover the damage without returning only 5,700,000 won.