A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[criminal record] On September 11, 2015, the Defendant was sentenced to one year and six months of imprisonment for fraud in the public order branch of the Daejeon District Court, and three years of suspended execution, and the judgment became final and conclusive on the 19th day of the same month, and is still under suspended execution.

[Criminal facts] Defendant 1 introduced victim D by saying that “The actual operator of Company B established for the purpose of dismantling a building or structure, etc., and each type C, “the purchase of scrap metal, so that he/she would introduce a person to purchase it again,” and then introduced victim D.

around 14:00 on October 13, 2015, the Defendant purchased scrap metal coming from the removal work of the third story parking lot building at G Ulsan store from E in the second tier coffee shop located at Simk, and C in B.

Along with approximately 120 million tons of scrap metal, the Defendant stated that “the contract deposit of KRW 60 million is increased to 130 million,” and the Defendant “I am well in the future because there are many other fields of land,” and written a contract between the victim and the victim that “work shall be done within one week after the contract is concluded, and shall not exceed three days at the time of postponement due to unavoidable circumstances.”

However, in fact, the defendant did not have the intent or ability to sell and purchase scrap metal to the victim within the above time period, even if he received the down payment, because only the expected estimate was calculated at the construction site and there was no purchase of the said scrap metal.

The Defendant, by deceiving the victim as such, received 60 million won in the name of the Nonghyup Bank account (I) in the name of Dong-J from the victim around 16:30 on the same day, from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's examination protocol against the defendant or C (including the parts D to be replaced);

1. A protocol concerning the interrogation of each police officer against the defendant or C;

1. Statement made by the police against D;

1. Account transactions statement, accusation statement, copy of high loan contract, copy of business registration certificate, confirmation document, account transfer statement, on-site photographs, and each investigation report (in relation to the phone of the chief of J Public Service division, K and L.