A defendant shall be punished by imprisonment for two years.

(2) On October 8, 2010, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Jung-gu District Court on December 8, 2010, and the execution of the sentence was terminated at the Jung-gu prison on December 17, 201, and on December 27, 201, at the Jung-gu District Court on December 27, 201, the Defendant was sentenced to two years of suspension of execution for six months of imprisonment for fraud and became final and conclusive on January 4, 2012.

The criminal facts of the suspended sentence are concurrent crimes with the above repeated crimes (see, e.g., Supreme Court Decision 201Da881, Sept. 8, 201). Thus, the criminal facts of the suspended sentence do not constitute ex post facto concurrent crimes.

On October 28, 2011, the Defendant expressed that the Defendant would sell steel products to the victim at the victim E office located in Pakistan at a price lower than the market price, and that the Defendant would supply steel products with 162,739,465 tons, including 428*407 H-type 7.358 tons of H-type 7.796 tons of H-type 142.796 tons to the victim within 10 days from the face value.

However, even if the defendant received the above money, he thought that part of the above money was used for personal purposes, such as criminal agreement, living expenses, etc., and he did not have the intention or ability to supply the entire steel 142.796 tons to the victim according to the promise.

On November 2, 2011, the Defendant received KRW 162,739,465 from the victim to the Agricultural Cooperative (G) account in the name of the F Co., Ltd. in the name of the Defendant’s management, and supplied only steel amounting to KRW 80,00,000 at the market price, and acquired the remainder of steel price by deceiving KRW 82,739,465.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement of E;

1. Each report on investigation;

1. Previous records: Application of criminal records, etc. and inquiry reports and replys to medical institutions by medical governments, and Acts and subordinate statutes;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing, the circumstances leading up to the crime, the fact that the person is a repeated offender (at least one year has not passed since the release), the fact that the damage has not been repaid, and the fact that the suspicion is obvious, continue in the investigation process.