On September 8, 2011, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court (Seoul High Court) and was released on June 28, 2013 and passed on August 22, 2013 during the execution of the sentence.

On February 16, 2017, the Defendant was sentenced to eight months of imprisonment for fraud in the Busan District Court Branch Branch of the Incheon District Court, and the said judgment became final and conclusive on October 19, 2017.

On January 8, 2016, through C, the Defendant, through which he/she is unable to know the trade name in Pyeongtaek-si, has the ownership to the victim D on the scrap metal and non-ferrous iron (waste cable, Pipe) emitted from the E plant located in Gyeonggi-do E in this Province.

It guarantees 40 tons of scrap metal, non-ferrouss, etc. generated from the E plant and provides machinery and equipment, etc., and if it falls short of the quantity, it shall be offset against the amount of KRW 3,000 per Kg when it is short of the quantity.

“A false statement” was made.

However, the defendant did not have the intent and ability to pay scrap metal, non-refus, etc. to the victim because the defendant did not have the ownership of scrap metal, non-refus, etc. from the scene of removal of the E plant

Accordingly, the Defendant, by deceiving the victim as such, was transferred KRW 20 million to the bank F account in the name of the new bank on the same day under the pretext of the down payment of the right to dispose of scrap metal and scrap metal from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A complaint filed in D;

1. A trading contract and a detailed statement of deposit transactions;

1. Report on investigation (verification of suspect A double contract) and report on investigation (Attachment to the Judgment, etc.);

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiries, such as criminal history and personal confinement;

1. Relevant provisions of the Criminal Act, Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The decision becomes final and conclusive after Article 37 of the Criminal Code to treat concurrent crimes, but the reason for sentencing under Article 39(1) of the Criminal Code to the effect that the defendant led to the confession and misunderstandings.