A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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

On September 4, 2013, the Defendant made a false statement to the victim D that “The Defendant would purchase scrap metal from the F construction site located in G, G, and G, G, G. The scrap metal coming from the site will be approximately KRW 300 million. First of all, the Defendant would pay KRW 50 million as advance payment and purchase scrap metal.”

However, in fact, the Defendant was notified by G of the termination of the scrap metal sales contract by failing to pay the intermediate and remainder of the purchase price of KRW 270 million to G who entered into a sales contract for scrap metal. Even if the Defendant did not have the ability to pay the intermediate and remainder to G and received money from the victim as the price for scrap metal, the Defendant did not have any intent or ability to sell the H-sn beam steel from the construction site.

The Defendant received 20 million won in cash from the victim, namely, at the victim’s seat, and 30 million won in cash from the Defendant’s national bank account on September 5, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, H and G;

1. The Defendant asserts to the effect that: (a) the description of transactions, a written contract, a material sales contract, a copy of each passbook, and a content certification is merely a nominal owner of the instant scrap metal sales contract; and (b) the real party to the instant contract is not a party to the instant contract; and (c) the Defendant cannot be deemed to have acquired money from the victim. According to the records of the instant case, as alleged by the Defendant, G seller of the instant scrap metal structure showed that G seller of the instant scrap metal structure ought to cancel the original sales contract against I other than the Defendant on August 26, 2013; (b) according to the content certification, the content certification shows that the document purchaser stated I as the Defendant, the actual purchaser, and G was subordinate to the instant temporary building delivery, etc. (this court 2013da7476, and the Plaintiff withdrawal from the lawsuit).