1. The defendant A shall be punished by imprisonment with prison labor for not less than two years and six months, and the defendant B shall be punished by imprisonment for not more than one year;

2. The applicant for compensation shall be dismissed;

Punishment of the crime

Defendant A’s fraud as the removal business entity, Defendant A operated G as the removal business entity, the victim H was the collecting business entity, and the Defendant and the victim became aware of the transaction related to the removal around April 2012.

1. On July 7, 2012, the Defendant called the victim by phoneing the victim at an insular location, and told the victim to “it is urgently required to perform removal works from Kimcheon, and to pay money with the funds for removal of scrap metal. Therefore, first, if sending KRW 20 million, the Defendant would use the said money as funds for removal of scrap metal with the said money, and would make it possible for the victim to collect scrap metal and scrap metal, etc. coming from the removal of the building at the site of the end of seven months.”

However, the defendant did not have any intention or ability to collect scrap metal from the victim even if he received the above money.

After all, the defendant deceivings the victim as above, and he wired the victim with the remittance of KRW 20 million under the pretext of advance payment for scrap metal from the victim.

2. On August 7, 2012, the Defendant agreed to sell and purchase scrap metal at the first site located in Pakistan-si and received advance payment of KRW 200 million.

On September 10, 2012, the Defendant told the victim of the victim’s work in the Seoul Southern-guJ of Gangnam-gu, Seoul, that “When sending the victim KRW 10 million first, the Defendant would be able to collect scrap metal, scrap metal, etc. coming from October 2012 when sending the victim KRW 10 million first.”

However, the defendant did not have any right to the scrap metal that occurred in I and even if he received the money from the injured party, he did not have the intent or ability to collect the scrap metal from the injured party.

After all, the defendant deceivings the victim as above, and he wired the victim with the money of KRW 10 million under the pretext of advance payment for scrap metal.