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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On December 11, 2015, the Defendant was sentenced to six months of imprisonment for fraud at the Ulsan District Court, and the judgment became final and conclusive on December 22, 2015.
On June 2013, the Defendant stated that D Co., Ltd., the Defendant, a steel plate cutting company operated by the Defendant in Ulsan-gun, Ulsan-gun, would supply at least 50t monthly scrap metal generated in the process of cutting steel plates from the said corporation, if the Defendant wired KRW 100 million to the victim E.
However, it was difficult for the Defendant to provide more than 50 tons of scrap metal every month to the victims because the Defendant’s management difficulties, such as D Co., Ltd. and F Co., Ltd.’s management conditions were difficult. However, each real estate owned by the Defendant and his spouse was established with a considerable amount of priority mortgage, making additional loans difficult, and the Defendant’s payment of wages of 1,305,200 won to workers employed by other companies operated by the Defendant was difficult.
Furthermore, at the time of the instant agreement, the Defendant did not have the authority to sell scrap metal generated after preparing a cutting process using raw materials supplied by Sungjin Tech Co., Ltd. (formerly changed to Machix), to separately keep them in order to recover all parts of the scrap metal generated after entering into a contract with Sung Jin Machix so that it can be recovered from Sung Jin Machix.
Nevertheless, the Defendant, as above, by deceiving the victim and deceiving the victim on June 20, 2013, 30,000 won, 70,000 won on June 28, 2013, and 100,000 won were remitted from the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement or partial statement of witness E, G, H, I, J, and K;
1. A protocol concerning the interrogation of the police officers (at least 63 times) against the accused.