A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On January 20, 2012, the Defendant was sentenced to eight months of imprisonment for fraud at the Ulsan District Court, and completed the execution of the above punishment on May 29, 2012.

Criminal facts

1. On December 30, 2012, the criminal defendant against the victim C said that “The victim C has the right to remove the Egyll beam and the board removal of the Egyll warehouse in the F cafeteria located near the E Company located in Gyeyang-si, Yangsan-si, and 38.5 million won, including value-added tax 10%, of the Egypt beam and the board removal right shall be given to the victim C.”

However, the above warehouse building could not be demolished because of the progress of auction, and the defendant was aware of the fact from G of the E company, and thus did not notify not only the victim of the intention or ability to exercise the right to remove but also the fact that it was under auction.

As such, the Defendant, by deceiving the victim, entered into a contract to buy and sell scrap metal with the victim, and received 38.5 million won from the victim for the purchase price, from the victim to the Defendant’s post office account.

2. On March 15, 2013, the Defendant made a false statement to the victim H that “The Defendant has the right to remove sn beam beamline and the board removal right for 28 million won of the board warehouse of the EE Co., Ltd. with the right to remove the snive beam and the board in a restaurant where the name near the E Co., Ltd. is unknown.”

However, as above, the above warehouse could not be demolished because of the progress of auction, and the defendant was aware of such fact, and thus, the defendant did not notify the victim of the fact that he did not have the intent or ability to permit the removal, and that he was under auction.

As such, the Defendant, by deceiving the victim, entered into a contract for the sales of scrap metal with the victim, and designated 10 million won as the down payment for the purchase price of the right to remove a building from the victim.