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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. On March 2010, the Defendant found in the “E” office of the victim D’s “E” office in the Chungcheongbuk-gun C, and provided that “The amount of scrap metal produced per day is about 120 tons to 150 tons to 120 tons to 150 tons to 2,500 tons to 2,50 tons to 300 million won to 2,50 tons to 2500 tons to 12.5 million won to 2,500 tons to 200 tons to 300 million won to 20 million won to 20 million won to 300 million won to 2.”
However, the Defendant did not have any intention or ability to supply scrap metal of 2,50 tons per month even if the Defendant received the deposit from the victim because it was not smooth to operate the scrap scrap scraper in F’s name, even though the Defendant had been in a situation where the debt was considerably seized at the time, and the property was in the name of his own.
Nevertheless, the Defendant, as seen above, received a remittance of KRW 70,000,000 from the victim around March 15, 2010 from the victim, and acquired a total of KRW 300,000,000 from March 31, 2010 as shown in the attached Table 1 of the Crimes List.
2. Around April 15, 2010, the Defendant called “in order to supply monthly 2,500 tons, advance payment is required. The advance payment will be supplied without a framework.”
However, as referred to in Paragraph 1 above, the defendant did not have any intention or ability to supply scrap metal of 2,500 tons per month.
Nevertheless, the Defendant, as seen above, received a remittance of KRW 50,000,000 from the victim on the same day, and acquired KRW 91,073,195 from October 11, 2012, as shown in attached Table 2, by means of a false statement, by means of a transfer of total amount of KRW 91,073,195 to the above limited liability company F account.
3. On April 2010, the Defendant stated that “When the Defendant supplies scrap metal, such as cans, etc., he/she will handle the cans, etc., and pay the price to the victim immediately.”
However, the defendant is guilty.