A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On November 1, 2013, the Defendant acquired D factories from C on the same month.

6. A person that has established and operated a D. D.

On November 11, 2013, the Defendant, at the F (State) office located in Ulsan-gun E, Ulsan-gun, established and operated D (State) by acquiring D’s personal business entity from the victim G. On November 11, 2013, the Defendant made a false statement to the effect that the Defendant would deliver scrap metal of 50 to 100 tons each month from D (State) by November 2015.

The Defendant leased a factory rental deposit of KRW 35 million from C, monthly rent of KRW 6.5 million, and purchased machinery equipment, such as presses equipment, in the purchase price of KRW 450 million, and purchased KRW 100 million. The Defendant agreed that the balance of machinery equipment and equipment shall be paid in a promissory note after borrowing the lease fund.

However, at the time, the Defendant had been in arrears with interest on the loan of financial institutions due to the management situation of (ju) H and F (ju). The Defendant received KRW 100 million from the victim and paid deposit and down payment for machinery and equipment to C was in a state other than the payment of deposit money and down payment for machinery and equipment, and it was a situation in which the Defendant could not receive the lease loan and pay the money for machinery.

Therefore, even if the victim receives an advance of KRW 100 million, the victim did not have the intention or ability to deliver the scrap metal by normally operating D(D).

As such, the Defendant, by deceiving the victim, received KRW 100 million from the victim to the 15th day of the same month from November 11, 2013, as an advance deposit account, and acquired it by fraud.

Summary of Evidence

1. Legal statement of witness G;

1. Part of the witness C’s legal statement;

1. A protocol of examination of part of the defendant by prosecution;

1. The prosecutor's statement concerning G;

1. The police statement concerning G;

1. A document prepared by a person against whom each investigation report is filed, to arrange data operated by a corporation A, to verify the date of suspension of current account transactions with HA, and to forge C person against whom reference is C;