A defendant shall be punished by imprisonment for one year.

Criminal facts

1. Fraud;

A. The Defendant is a person who engages in the business of selling scrap metal in the name of "C" in Gyeyang-gu Seoul Metropolitan Government B, and the victim D is a company that engages in the business of maintaining, repairing, and removing elevators.

On June 2015, the Defendant made a false statement to the representative director E of the victim company “B who sold the scrap metal generated in the process of removing the elevator to B, and then resells it,” before the Seoul Yongsan-gu 206 National Bank PB center.

However, at that time, the Defendant was unable to lend approximately KRW 280,000 to the bank, loan companies, and loan KRW 200,000 to the lender, and the amount of scrap metal equivalent to KRW 200,000 was overdue, and there was a financial difficulty due to the failure to pay taxes. Therefore, even if the Defendant received the scrap metal from the victim company, it did not have the intent or ability to pay the amount to the victim.

As such, the Defendant, by deceiving the victim company, received from the victim company the scrap metal equivalent to KRW 800,000,000 from June 2015, and obtained the delivery of the scrap metal equivalent to KRW 5,000,000 for five times from around that time to October 2015 as indicated in the following table.

In June 2015, the property acquired by taking the place of 1,500,000 won (80,000 won in front of the point of this village PB Center in Yongsan-gu, Yongsan-gu, Seoul around June 2015, the National Bank in Seoul Special Metropolitan City, Nowon-gu around June 2015, the sum of KRW 80,000,000 in front of the point of the 1534 National Bank Mar. 1, 2015, is equivalent to KRW 80,000,000,000 in front of the point of the 1414th National Bank Japan, Seo-gu, Seo-gu, Seoul around October 2015, the sum of KRW 50,000,000 in front of the point of the 245 National Bank, Nowon-gu, Seoul, Seoul, Seoul, Nowon-gu, in total, around October 5, 2015.

B. The Defendant commits the crime of defraudation of borrowed money in 2015.