On May 5, 2011, the Defendant stated that “E” offices operated by the victim D in Shosung-si, the Defendant would allow the victim to purchase scrap metal emitted from Sho-si, by entering into a contract with Sho-si, with E. Sho-si. In order to enter into a contract, the Defendant stated that “The advance payment of KRW 200 million shall be given to Sho-si.”

However, even if the Defendant did not have any intent or ability to conclude a contract for the purchase and sale of scrap metal with gold bullion, he did not think that he would use it in advance or return it to the victim.

On May 11, 201, the Defendant received KRW 200 million from the victim to the post office account in the name of the Defendant, under the name of advance payment for scrap metal sales.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning F;

1. A complaint filed in D;

1. Details of passbook transactions;

1. Application of Acts and subordinate statutes to an investigation report;

1. In light of the relevant Article of the Criminal Act and Article 347(1) of the Criminal Act’s provision on criminal facts and the choice of punishment, the sentence of sentence against the defendant is inevitable, in view of the fact that damage on the grounds of sentencing is large, while no damage recovery has been made

However, the sentence shall be determined as per the order, considering the fact that the defendant is against the mistake, the age, character and conduct of the defendant, and the conditions of all kinds of sentencing, such as environment.