A defendant shall be punished by imprisonment for a term of one year and four months.

Punishment of the crime

Around April 2008, the Defendant stated that “D” office operated by the Defendant in Gangseo-gu Busan Metropolitan City, that “F” staff members of the Defendant’s “F,” operated by the Victim E in China, will export the same amount of waste wires to the extent that it has no closed wire.”

However, at the time, at the time, the Defendant had a personal obligation of KRW 400 million, and “D” did not incur any profit, and the Defendant thought to use the money as a repayment cause of debt from the victim due to the economic difficulties as above, and even if the Defendant received the payment from the victim, he did not have the intent or ability to sell the closed cable to the victim.

The Defendant received KRW 49,850.04 from the victim to the national bank account in the name of H on April 29, 2008, and received KRW 500,000 from the above G on the same day, and transferred KRW 99,927.27 on June 26, 2008 to the national bank account in the name of H, and received KRW 80,000 from the above G on July 17, 2008.

Accordingly, the Defendant, by deceiving the victim, was delivered KRW 1,89,777.31 (Korean Won 271,610,162).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Part G of the third police interrogation protocol against the defendant

1. A certificate of confirmation or a copy of bank remittance certificate;

1. Copy of the decision of Busan District Court;

1. Investigation reports (Submission of materials of victim enterprises);

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

1. The grounds for sentencing choice of imprisonment with prison labor, comprehensively, with respect to Article 347(1) and Article 347 of the Criminal Act applicable to the relevant criminal facts and the choice of

1. The basic area (one to four years) (one year) of the sentencing criteria [the scope of recommendations] general fraud types 2 (at least 100 million won, but less than 500 million won) and the basic sentencing criteria (at least 1 to 4 years);

2. The defendant, who was sentenced to sentence, sent part of the closed cable equivalent to KRW 460,00 to the victim, and the defendant has the same kind or type as the other party.