A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[2015 Height1323] The Defendant is a removal business entity of a building.

On August 21, 2012, the Defendant made a false statement to the victim D of scrap metal collectors at the site of removal of a factory in Ansan-si, Ansan-si, Seoul, stating that “The Defendant would make a scrap metal coming from the removal of the factory if there is no cost of contract 25 million won, because there is no cost of contract 25 million won.”

However, even if the defendant receives the above money from the victim, he thought that he will use the money to pay the service cost to the father, and he did not have the intention or ability to pay the money to the victim.

Around August 23, 2012, the Defendant, by deceiving the victim as above, received money of KRW 25 million from the victim to the Japanese bank account under the name of the Defendant, as the purchase price for scrap metal, and acquired it by deception.

[2016 Highest 1107] On October 30, 2014, the Defendant called the victim E (or 58 years of age) at a non-permanent place, and falsely stated that “The amount of money is urgently needed to pay to the brin restaurant operated at the construction site. If the Defendant borrowed KRW 3 million, the construction is terminated and the construction is to be repaid along with interest.”

However, the defendant did not actually receive any orders from the Corporation, and even if he received the money from the victim, he thought that he would use it in his personal living expenses, etc., and there was no intention or ability to repay it.

Nevertheless, the Defendant belonged to the victim and was transferred KRW 3 million from the victim to the National Bank (G) account in the name of F.

Summary of Evidence

[2015 Highest 1323]

1. Partial statement of the defendant;

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

1. A witness D's legal statement (2016 high-ranking 1107);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Aggravation for concurrent crimes;