A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] Around January 19, 2012, the Defendant was sentenced to six months of imprisonment for fraud at the Suwon District Court, and the judgment became final and conclusive on May 11, 2012.

【Criminal Facts】

On February 4, 2012, the Defendant entered into a contract for the supply of high-speed metal with the victim company in the name of the E, “G, who works as the adviser of the victim F Co., Ltd. (hereinafter “victim Co., Ltd.”) at the office of the E company located in Si/Gun/Gu (hereinafter “victim Co., Ltd.”). On February 6, 2012, the Defendant entered into a contract for the supply of high-speed metal with the victim company in the name of the E, stating that “The scrap metal coming from the site of the aforementioned removal work would be supplied to KRW 420,000,000 as the first down payment to KRW 35,50,000 from February 6, 2012.”

However, in fact, the Defendant entered into a contract for the removal of one-way corporation and one-way corporation under the joint name with the relevant hybrid Korea Co., Ltd., but the Defendant merely takes the name in the contract from the standpoint of arranging the contract with the aforementioned hybrid Korea, and the Defendant did not have any intent or ability to supply the scrap metal to the victim with money as the Defendant did not have the right to dispose of the scrap metal from the said removal construction site.

On February 4, 2012, the Defendant, by deceiving the victim company, received 35 million won through the account of the E company as the down payment from the victim company and acquired it by deceit.

Summary of Evidence

1. Each legal statement of the witness D, G and J;

1. A copy of a sales contract of a scrap metal, a deposit transaction inquiry, a scrap metal, or a sales contract of a non-performance metal (one-Neckb Korea) (78 pages of investigation records);

1. Previous convictions in judgment: Investigation report (report accompanied by written judgments), application of criminal records records under Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Social service business under Article 62-2 of the Criminal Act;