On July 22, 2014, the Defendant issued a false statement to the victim F at the office E, Inc., a corporation operating the Defendant, located in Yangcheon-gu Seoul Metropolitan Government D Building 716-1, stating that “When the Defendant has the authority to collect and sell scrap metal, carbon, etc. generated from the military units of US military units through the Han-Smi Federation, an incorporated association, the Defendant would supply the said scrap metal, carbon, etc. to the Defendant, if the Defendant first pays KRW 100 million for the goods. If the goods are not supplied, the Defendant would return KRW 10 million,00,000,000 in addition to 10% if the goods are supplied.”

However, in fact, the defendant knew that the collection of scrap metal, etc. generated in the military units of the US military is not a contract that formally grants the right to collect and sell the goods to the Korean Federation, since it was selected by open bidding, and was thought to use the money received from the victim for the purpose of personal debt repayment, office operating expenses, etc., so even if the money was not supplied to the victim, there was no ability or intent to return the money to the victim.

The Defendant, by deceiving the victim as above, received KRW 100 million from the one bank account under the above E on the same day as the price for the goods from the victim, and fraudulently acquired it.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. A protocol of examination of part of the defendant by prosecution;

1. The statement of each police officer made to F and G;

1. Investigation report (on-site investigation to confirm the fact that the U.S. military units have the right to receive and sell scrap metal collection) and investigation report (H telephone conversations);

1. Authentication, reference materials, personal financial transactions (F), inquiry table of the details of transactions of deposits and withdrawals, one bank transaction statement, confirmation document of free deposit transactions with deposit withdrawals (A), and application of Acts and subordinate statutes on the details of funds disbursement;

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 347 (1) of the Criminal Act of the option of imprisonment for a crime;

1. The range of recommendations according to the sentencing criteria shall be recommended;