A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 20, 2018, the Defendant purchased approximately KRW 2700 tons of scrap iron at the scene of the removal of the Y-owned building at the Daegu-gu W Building, Daegu-gu, and the Defendant concluded that “Around 200 tons of scrap iron at the site of the removal of the Y-owned building at the Y-owned building” to the victim X. The Defendant would sell all scrap iron at the site of the removal on the condition that a mortgage is created on the original 300 won at the site of the removal, and sell and divide profits. The Defendant would pay interest KRW 10 million within 20 days, and the principal will return by June 10, 2018.”

However, in fact, the Defendant had already invested KRW 300 million from the Z with respect to the scrap metal accrued from the above removal site and had a partnership relationship, and thus, the Defendant did not have the right to set up a mortgage on the scrap metal accrued from the above removal site or sell all scrap metal at the above removal site and did not have the right to divide the profits. However, the Defendant did not have the intent or ability to pay the principal and interest to the victim until the date of the promise because there was no reason such as failure

As such, the Defendant, by deceiving the victim, received KRW 50 million in total from the victim, of KRW 10 million on May 20, 2018, KRW 18 million on May 23, 2018, KRW 50 million on May 23, 2018, and KRW 22 million on May 24, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding X;

1. Application of Acts and subordinate statutes to the written complaint (including attached documents);

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines (decision of types) shall be the basic area of less than KRW 100 million [the scope of recommendations and recommendations], the basic area of which is less than KRW 100 million, and six months through one year and six months.

3. Determination of sentence, fraud, fraud, damage not restored, criminal records of the defendant, and other ages, character and conduct, environment, motive, means and result of the crime;