A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who engages in wholesale and retail business of steel building materials under the trade name of “D” in Pakistan.

On August 10, 2012, the Defendant called “D” office and called “E to supply steel materials poppy from “E” to “E, if you supply steel materials poppy to G, and then receive the price for the material within seven days,” and then re-supplyed them to G on the same day.” The Defendant received KRW 27 tones poppy of steel materials from the victim and received KRW 27 to 22,675,972 from all of them.

However, the facts are that the Defendant had been liable for debts exceeding 100 million won to many business partners at the time, and even if receiving the above material price from G, he was thought to consume it for other purposes such as the repayment of existing debts to the other business partners, so even if receiving the payment from the victim, he did not have the intention or ability to pay the steel material poppy within seven days.

Accordingly, the Defendant, by deceiving the victim, obtained the amount of money equivalent to 22,675,972 won of steel materials poppy from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and I;

1. A protocol concerning the examination of the accused by the prosecution (the second examination of the accused and the H of a witness);

1. Statement of the police statement concerning F;

1. Each investigation report (Submission of the head of the transaction ledger, submission of a suspect bank transaction statement, submission of a witness H bank transaction statement, submission of a detailed statement of G bank transaction, details of cash payment, etc.);

1. Application of Acts and subordinate statutes on the current status of G sales, the head of the sales office, each detailed statement of transactions (new banks, enterprise banks), a written statement of the decision on provisional seizure of claims, and the deposit sheet;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] General Fraud (less than KRW 100 million). The mitigation area (one month to one year) (special mitigation) of the mitigation area (one month to one year) is willful negligence.