특정경제범죄가중처벌등에관한법률위반(사기)등
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On March 201, 201, the Defendant: (a) the victim C engaged in the business of manufacturing and selling steel structures for construction in the name of “G” from Gangseo-gu Busan Gangseo-gu, Busan on March 201; (b) had the victim C, at the time of 2011, experienced difficulties in the supply and demand of materials using the steel plate raw materials softened; and (c) had the victim receive the payment from the victim by advertising the steel raw materials.
On March 20, 2011, the Defendant told the victim of the above G office operated by the victim that “The victim will import from China for 1,170 won per kg, including the additional tax, at 4m thickness of 1,350 meters per kg in Korea.”
However, the defendant did not have any intention or ability to import the scrap metal in China within 45 days, even if the defendant received the payment from the victim because there was no deficit in the metal market once.
As above, the Defendant, by deceiving the victim as above, received from the victim a transfer of KRW 10 million to the (State) Enterprise Bank (I) account operated by the Defendant on the 21st of the same month.
B. On April 15, 201, the Defendant stated to the effect that “In order to place an order on the annual gold plate in China, the Defendant shall promptly send the amount of KRW 57 million as an intermediate payment to the Defendant, as soon as it is necessary. In order to transfer money, the Defendant may not purchase the materials remaining at the time of transferring the money. As such, it would not be possible to purchase the materials at the time of cash preparation. On the face of the State, the Defendant sent money to China through currency exchange at USD 50-100 per month in the Southern-dong, Busan-dong, Busan.”
However, even if the Defendant received the payment from the victim, the Defendant did not have any intent or ability to purchase the scrap metal market in China, and the sales contract that received the payment from the victim was a fake contract in the name of Do governor, i.e., a fake contract that was prepared in the name of Do governor. At the time of receipt of the payment, the Defendant was a worker on the part of the Corporation.