Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On January 26, 2014, the Defendant made a false statement to the effect that “The Defendant would supply scrap metal equivalent to KRW 30 million to the victim’s KRW 15,000,000,000, as he/she secured a school removal site, by phoneing the victim’s Eunpyeong scrap E at the D office located in Jinju-si, Seoul.”

However, the Defendant did not secure the scrap metal to be supplied to the victim company, as well as did not deliver the scrap metal even from other clients even after receiving the scrap metal amounting to KRW 100,000,000,000 from other clients. Since the Defendant’s operation difficulties in D’s operation, the Defendant did not have any intent or ability to deliver the scrap metal even if he received the money from the victim company as the advance payment, due to the accumulated amount of KRW 1,00,000 per month since 2013 as operating expenses of D.

Ultimately, the Defendant, by deceiving the victim as above, was transferred KRW 30 million to an enterprise bank account in the name of F under the pretext of advance payment around January 28, 2014.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;