beta
Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
Around June 201, the Defendant: (a) had been engaged in the purification tank cleaning business and the collection and sale business of scrap metal in the name of (ju) E in Busan Seo-gu; (b) had the victim H operating (ju)G around June 201, saying, “The Defendant may purchase and supply high-quality scrap metal discharged from (ju) I in Changwon Corporation; (c) received the payment from the injured party for the scrap metal paid to the said (ju) I; and (d) had sold a large margin after receiving the supply of scrap metal to the said (ju) I.
1. On March 12, 2012, the Defendant stated that “If the Defendant transfers the amount of KRW 30 million in advance to the victim at the above F Office (“A”) to the victim, the Defendant would purchase and supply the scrap metal coming from the I as the said money.”
However, in fact, the Defendant was thought to use the money received from the injured party in full to pay his personal debt, and the management of the E employee's labor union is difficult due to the difficulties of managing the amount of KRW 600 million, and when using the advance payment received from the injured party for other purposes, the Defendant did not have the ability or intent to supply the scrap metal to the injured party since there was no funds to purchase the scrap metal from the State) I.
As such, the Defendant, by deceiving the victim and deceiving the victim on March 12, 2012, and acquired KRW 30 million from the victim on March 12, 201, and KRW 10 million on March 13, 2012 to the Busan Bank account in the name of the Defendant, respectively.
2. On April 12, 2012, the Defendant stated that “Around April 12, 2012, the Defendant would purchase and supply scrap metal from another place of removal if he/she pays the scrap metal in cash or in check” to the victim who resisted that the Defendant did not supply scrap metal at the (ju)G office located in Gangseo-gu Busan Metropolitan City.
However, the defendant is required to pay 150 million won a guarantee loan to be repaid to the Korea Technology Credit Guarantee Fund and to pay retirement allowances to its employees.