A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

1. Around April 30, 2016, the Defendant against the victim B caused the victim B to perform the removal works for the eight-Dongs of the commercial building in Jongno-gu Seoul Metropolitan Government E (hereinafter “instant removal works”). Around April 30, 2016, the Defendant made a false statement to the victim B, “The removal works for the eight-dongs of the commercial building in Jongno-gu Seoul Metropolitan Government E” (hereinafter “instant removal works”). A false statement to the effect that the scrap metal coming from the said removal works would be sold en bloc at KRW 30 million.”

However, in fact, the Defendant did not have the right to carry out the removal work since it did not pay the contract deposit of KRW 50 million after concluding a contract for the removal work with G representative director G on March 28, 2016, which is the execution company of the instant removal work. Since the Defendant was notified from G that the contract was terminated, even if he received the down payment from the victim, he did not have the intent or ability to sell the scrap metal to the victim.

After all, the Defendant, as above, induced the victim, and caused the victim to remit 30 million won to the industrial bank account in the name of G on the same day.

2. Fraud against victim H;

A. On June 19, 2016, the Defendant involved in the I removal site concluded that “A victim H was in charge of the I removal project in the middle-gu Seoul Metropolitan Government (hereinafter “instant I removal project”) at the removal site (hereinafter “the instant I removal project”). A false statement was made to the victim H stating that “I would be in charge of the I removal project, at the site, the amount of KRW 50 million to KRW 60 million. Around August 17, 2016, the Defendant borrowed KRW 5 million working expenses at the removal site in which half of the said scrap metal would be divided.” In the car page near Yeongdeungpo-gu, Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “the instant I removal project”).

However, the Defendant did not have the authority to execute the instant I Removal, so even if he borrowed money from the victim, the Defendant did not have the intent or ability to sell the scrap metal to the victim.

Ultimately, the Defendant is the victim as above.