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Defendant shall be punished by a fine of two million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
1. Around April 28, 2011, the fraud Defendant stated that “A office operated by the Defendant located in Chungcheongnam-si, Kim Yong-si, Kim Jong-si, the victim D’s partner E is changed by five million won as an advance to reduce the supply of scrap metal within one month.”
However, in fact, the Defendant did not have any intent or ability to supply scrap metal as agreed upon by the victim because, even if he received money from the victim at the time, the Defendant thought that it would be used as repayment of existing debts and company operation expenses, etc., regardless of purchasing scrap metal to supply it to the victim.
On April 28, 201, the Defendant, by deceiving the victim as such, received 5 million won from the victim to the Defendant’s new bank account under the name of the advance payment for scrap metal, and acquired it by deceiving the victim.
2. On May 12, 2011, at the above C Office, the Defendant told the victim D to the effect that “On May 12, 2011, the Defendant changed the amount of KRW 2 million by making an advance payment with a scrap metal not exceeding two hundred million a day from the Ulsan side.”
However, in fact, the Defendant did not have any intent or ability to supply scrap metal as agreed upon by the victim because, even if he received money from the victim at the time, the Defendant thought that it would be used as repayment of existing debts and company operation expenses, etc., regardless of purchasing scrap metal to supply it to the victim.
On May 12, 201, the Defendant, by deceiving the victim as such, received 2 million won from the victim to the Defendant’s new bank account under the name of the advance payment for scrap metal, and acquired it by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of Acts and subordinate statutes to the accusation center (including the details of withdrawal);
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Detention at a workhouse;