1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine.

Punishment of the crime

Around May 6, 2009, the Defendant made a false statement to the victim E in Gyeyang-gu Incheon, stating that “When deposit of KRW 10 million is paid to the victim E, the Defendant will provide the scrap metal, non-ferrous iron, and waste oil coming from the industrial company for two years, and return the deposit after two years.”

However, even if the defendant receives the deposit from the victim, he did not have the intention or ability to provide the scrap metal from the industrial company.

The Defendant, by deceiving the victim as such, received KRW 10 million from the victim to the Agricultural Cooperative Deposit Account in the name of the Defendant’s wife in the name of the Defendant’s wife.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Part of the statement of E in the police statement of E, and the statement of E in the police interrogation record of the accused;

1. Application of the Acts and subordinate statutes governing specification of transactions;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.