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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
"2015 Highest 1704"
1. On September 18, 2012, the criminal defendant against the victim C would give 100 tons of scrap metal to the victim C, a scrap metal business operator, at the office of the corporation E operated by the defendant in Ulsan-gu, U.S., U.S., to the victim C, who is a scrap metal business operator.
If the scrap metal is not supplied, the advance payment shall be made after three months.
“A false statement” was made.
However, the fact was that the defendant planned to enter into a contract for the sales of scrap metal with others than the victim with respect to scrap metal generated from the defendant corporation E operated by the defendant, and even if the factory was transferred, it did not have the ability to pay the scrap metal as above to the victim C because it was not likely to actually promised by the victim. The defendant did not have the ability to pay the said scrap money to the victim in excess of his/her obligation at the time.
On September 18, 2012, the Defendant: (a) by deceiving the victim; and (b) obtained money from the victim to the Daegu Bank Account in the name of the Defendant on September 22, 2012 as the advance payment for the removal of scrap metal from the victim; and (c) obtained money from the victim, by remitting KRW 22 million in total to the Daegu Bank Account in the name of the Defendant on September 22, 2012.
2. On March 20, 2013, the Defendant against the victim F is required to set off the amount of scrap metal generated from the factory against the victim F, a scrap metal business operator, at the office of the Co., Ltd. located in G on March 20, 2013.
If the scrap metal is not supplied, it is possible to pay the advance payment by June 20, 2013.
“A false statement” was made.
However, the fact was that at the time, the contract for construction ordered by the defendant was interrupted and the scrap metal was not generated, and the situation where the contract for the supply of scrap metal was already concluded with C was not properly notified to the victim, and the defendant was at the time.