A defendant shall be punished by imprisonment for not less than one year and six months.

The application for compensation order of this case shall be dismissed.

Punishment of the crime

On August 23, 2012, the Defendant, at the Seoul Western District Court, was sentenced to a suspended sentence of imprisonment for four months for fraud, and the judgment was finalized on August 31, 2012.

The defendant is a real representative of Co., Ltd. D, a steel product distributor, and is a management director of Co., Ltd. E.

On March 20, 2012, the Defendant made a false statement to the business employees G of the victim C Co., Ltd. at the E office located in the Kimpo-si F, Kimpo-si, Kimpo-si, stating, “The price for the reinforcing bars, such as ten meters in high strength iron bars, will be paid between them.”

However, the above D did not have any special assets in its name, and the above E did not pay debts to many creditors, and the defendant also registered and operated H in the name of the representative director under D due to credit problems, and the defendant did not have any intent or ability to pay the debt amount to the victim even if he was provided with the debt from the victim. In fact, the defendant sold the debt amount provided by the victim at a discount to I et al., and used the debt amount received by the victim as a personal debt, etc. without paying the debt amount to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, was supplied with steel bars equivalent to KRW 157,197,502 in total market value on March 21, 2012 by the victim. On March 29, 2012, the Defendant was supplied with steel bars equivalent to KRW 65,945,137 in total market value, and acquired the property in total amount of KRW 223,142,639.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. The police statement concerning G;

1. A complaint, and each tax invoice;

1. Previous convictions in judgment: Application of criminal records and investigation reports (related to the same criminal records and investigation reports of a suspect);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Reasons for sentencing under Article 32(1)3 and (2) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation.