A defendant shall be punished by imprisonment for not less than eight 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

1. On December 12, 2012, the Defendant purchased machinery and scrap metal by making an investment of KRW 650 million to the other party as the intermediate payment and balance, and immediately selling it by selling it until December 30, 2012, with the victim C at the (ju) E office located in Busan, Busan, Jin-gu, Busan, the Defendant: (a) laid down the machinery and scrap metal from the site of removal at the port (Yung-dong) port (Sung-dong) steel factory; (b) KRW 750 million; and (c) KRW 100 million; (d) KRW 650,000,000,000 from the site of removal at the port (YY-dong) port (SY-dong) factory; and (d) concluded a false statement with the victim C, stating that “The principal and principal of the machinery and scrap shall be returned by December 30, 2012

However, the Defendant did not have any property or income equivalent to KRW 650,000,000 as at the time, and there was no plan to borrow or receive an investment from another person. Therefore, unless there was any change in circumstances, the intermediate payment and the balance may not be made and paid to the other party. Therefore, the Defendant did not have any intent or ability to return the remaining profits or principal after the purchase of the said machinery and scrap metal to the other party.

Around December 12, 2012, the Defendant, by deceiving the victim as above, received KRW 100 million from the victim through the account in the name of a national bank in the name of (E) E under the pretext of a loan.

2. On January 9, 2013, the Defendant filed a false statement with the victim C at the (State) E office located in Busan-gu Busan-gu Busan-gu, stating that “If F is returned to the Party after being returned KRW 100,000,000,000 paid as machinery and scrap metal sales contract, the Defendant would return all of 12,00,000,000,000 won until January 14, 2013 if the attorney’s fee is required.”

However, the defendant did not have a plan to bring a lawsuit against F at the time, and therefore, even if he received the above money, he did not use it at the attorney's expense or did not have any intention or ability to return 12 million won.

As above, the defendant deceivings the victim and belongs to it.