【2015 order 3051】

1. On Aug. 12, 2004, the fraud Defendant made a false statement to the effect that, “E” under the Defendant’s management “E” column of the Defendant’s wife located in Russcis C, the Defendant would supply 300,000 tons of scrap metal 4,50 tons from September 2004 to December 2, 200, to the victim F, who became aware of the Defendant’s wife as the above restaurant customer. However, the Defendant would supply the 300,000 tons of scrap metal from September 2004 to the end of December.”

However, the defendant did not engage in the business of collecting scrap metal and did not have any other way to procure scrap metal to the victim. Therefore, even if he received the payment from the victim, he did not have the intention or ability to supply scrap metal.

Nevertheless, on September 8, 2004, the Defendant received USD 100,000 ($ 114,900,000 in the Russian account in the above D’s name) from the injured party, and thereafter received a delivery of USD 307,500 in total from May 6, 2005 to the Russian account in the same account and G name as described in attached Table 1, as shown in attached Table 1, until May 6, 2005.

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

2. On November 1, 1996, the Defendant violated the Act on the Regulation of Illegal Convicts, concluded a check contract under the name of the Defendant between the branch offices of Cho Jong-dong, Mapo-gu, Seoul, and made a transaction of the check.

On February 28, 2003, the Defendant issued a check number “H”, “A”, “29,240,000 won”, and “the date of issuance at par value”. On May 28, 2003, the Defendant presented the check at the 3rd branch of the National Bank Department of the Korean Bank, which is the date of presentment, but failed to pay for the shortage of deposits.

In addition, from that time until April 20, 2003, the Defendant is equivalent to KRW 118,240,000, total face value of 4 face value of his check, such as the written Sheet of crimes in the attached list of crimes.