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

Punishment of the crime

The defendant is a person who has gathered non-ferrous metals, etc. and sold them to others.

1. On February 2014, 2014, the criminal defendant against the victim C said, “The victim, in the operation of the victim C located in Gyeongnam Kim Jong-si, Kim Jong-si, saying, “The victim has a 10 tons of the waste cable containing a good quality, who will sell it in KRW 100 million.”

However, in fact, the Defendant did not have a waste cable and did not have an intention or ability to purchase the waste cable and did not have an intention or ability to purchase it to pay approximately KRW 150 million to the victim.

As above, the Defendant, by deceiving the victim as above, received from the victim the total sum of KRW 30 million on February 3, 2014, and KRW 70 million on March 4, 2014, and acquired the total sum of KRW 100 million on the part of the victim.

2. On February 2014, the Defendant stated that “The Victim F shall have a 10 tons amount, which shall be sold in KRW 30 million, to the victim at H of the F management of the Victim F located in G in Yangyang-si, Yangyang-si. G.”

However, the facts were that the defendant did not have a yellow Dong, and there was no intention or ability to purchase the yellow Dong and to reduce it to the victim.

As above, the Defendant, by deceiving the victim and deceiving the victim, obtained on February 28, 2014, KRW 3 million from the victim, and KRW 36 million on March 4, 2014, respectively, and acquired KRW 36 million in total from the victim.

Summary of Evidence

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

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning C and F;

1. Application of each statute on filing of a complaint;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Sentencing Sentencing [Determination of Punishment] General Fraud, Type 2 (at least KRW 100 million, and less than KRW 500 million) and the basic area (special person).