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

Punishment of the crime

On November 30, 2011, the Defendant was sentenced to six months of imprisonment for fraud and two years of suspended execution in the Incheon District Court Branch Branch of the Incheon District Court, which became final and conclusive on December 8, 2011, and is currently under suspended execution.

The Defendant, who was working as vice president from January 201 at D Co., Ltd. located in Geumcheon-gu Seoul Building from around January 201, was trying to acquire steel materials from the victim E Co., Ltd. after taking advantage of the position of vice president.

On March 29, 2012, the Defendant made a false statement to the F, an operator of the victim company, by telephone at the office of the said D Co., Ltd. (hereinafter “D Co., Ltd.”), stating that “The payment should be made from D Co., Ltd. if the goods require steel from D Co., Ltd. and the goods are supplied.”

However, the fact was not the purchase of steel in D Co., Ltd., but the defendant purchased steel for personal purposes to repay other debts, and there was no intention or ability to pay the price of the goods.

On March 31, 2012, the Defendant received from the victim steel products equivalent to KRW 45,388,280 at the market price of KRW 53,08 g and April 4, 2012 at the market price of KRW 22,729,000 at the market price of KRW 26,740 g, respectively.

As a result, the Defendant, by deceiving the victim, received 79,828 kg of steel materials equivalent to the total market value of 68,117,280 won.

Summary of Evidence

1. Court statement of the defendant (the third court date);

1. Statement of each police statement related to F and G;

1. A written agreement, acceptance certificate, investigation report, investigation report (teleline investigation), and investigation report (in addition to acceptance certificates, etc.);

1. Previous records: Application of inquiries, such as criminal records, and criminal records, and Acts and subordinate statutes;

1. Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, and Article 68,117,280 won of the value of the acquired goods of this case for the reason of sentencing the punishment of imprisonment with prison labor is considerably larger, the damage recovery is not achieved, and the defendant is punished for the same crime.