However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

The defendant is a person who operates C to collect and supply scrap metal and non-ferrouss.

1. On April 13, 2012, the Defendant found the victim E’s F office located in Jindo-gu, Seocho-gu, Changwon-si, Seoul, as the F office, and made a false statement that “on credit, the Defendant would pay the price immediately if the scrap metal is on credit.”

However, in fact, the Defendant had no ability to pay the amount because the Defendant had already received approximately KRW 400 million in advance from another customer, and even if he had supplied the scrap metal to the customer, it was not possible to pay the amount for the scrap metal.

The Defendant received respectively from the victim the amount of KRW 38,01,050 at the market price of 79,290km on the same day, and KRW 9,660-g market price of KRW 4,491,90 at May 1, 2012.

Accordingly, the defendant acquired the amount equivalent to KRW 42,502,950 from the victim.

2. On January 2013, the Defendant again found the victim who urged the payment of the price, and made a false statement to the effect that “The Defendant will deliver additional scrap metal to G (ju) and pay the price in full by receiving the money.”

However, in fact, the Defendant had already used in G (State) with the payment of KRW 47,700,000 in advance of scrap metal, and was unable to receive money even if it was supplied to G (State).

The Defendant received respectively from the victim the amount of KRW 10,743,050 at the market price of 26.28,840km of the same month, and KRW 5,410km market price of KRW 1,947,60 at February 4, 2013.

Accordingly, the defendant acquired the amount of 12,690,650 won from the victim.

Summary of Evidence

1. Statement of the accused in the fourth protocol of trial;

1. Statements made by witnesses E in the fourth trial records;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [the scope of recommending punishment] general fraud.