Defendant shall be punished by a fine of seven million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

On September 8, 2012, the Defendant called “D” office located in Daegu Dong-gu, Daegu-gu, by phone calling the victim F via E, an employee, to supply scrap metal two to three (2 to three (3) days per week.

However, the defendant did not have any intention or ability to deliver scrap metal even if he/she receives money from the victim as a scrap metal.

The Defendant, by deceiving the victim as above, received KRW 5 million from the victim to the Agricultural Cooperative Account (H) in the name of the Defendant’s wife G on the same day, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E, I and F;

1. Each police statement made to F, E, and I;

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;