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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The defendant is a person who operates B, a scrap metal sales company.
1. On April 2018, the Defendant: (a) called the victim C by telephone from the Franchisor in Franchisor; and (b) stated, “In the event of disposal by scrap metal from D located in Gyeyangsan City, the Defendant may obtain profits from KRW 200,000 per month; (c) in order to receive scrap metal, the Defendant shall be entrusted with KRW 20,000,000 of the deposit money; and (d) in the event of lending KRW 20,000,000 of the deposit money, all of the duties shall be performed within the scope of duties
However, in the process of purchasing scrap metal, the Defendant did not need to deposit, and most of the money was planned to use it for personal use, such as the purchase cost of sports earth and daily living expenses, which are not related to the trading of scrap metal, and did not have any intent or ability to repay the borrowed money because it did not have any property.
On April 18, 2018, the Defendant, by deceiving the victim as above, received 2.110,000 won from the victim to the Agricultural Cooperative (F) account in the name of wife E used by the Defendant on April 18, 2018, and acquired 3,3610,000 won in total on six occasions from the Si to June 29, 2018, as shown in the attached crime List (1).
2. On April 17, 2018, the Defendant, who committed the crime against the victim G, called “a person who received a scrap metal from the victim G, may obtain a profit amounting to KRW 2.4 million per month. However, in order to receive a scrap metal, he/she shall receive a deposit of KRW 20 million, and he/she shall receive a deposit of KRW 20 million, and if he/she lends a deposit of KRW 10 million to C, he/she shall be paid a monthly profit of KRW 10 million or more, and if he/she lends a deposit of KRW 10 million to C, he/she will receive a loan of KRW 10 million or more.” At present, he/she said that “I will borrow a deposit until there is a time until there is a surplus.”
However, in the process of purchasing scrap metal, the Defendant did not need to deposit, most of the money was planned to use it for personal use, such as the purchase cost of sports earth and daily living expenses, which are not related to the trading of scrap metal, and did not have any particular property.