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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The Defendant is a person who has been operating a limited liability company D (former "Limited Liability Company E") in which the Defendant engages in the scrap metal trade business.
The Defendant, around August 19, 2009, indicated the Defendant’s indictment in the Defendant’s indictment, which was a victim of G management in Daejeon Seo-gu, Daejeon, as “G,” but the Defendant’s owner of the money acquired by deception as a party to the instant contract for the supply of the instant scrap metal, as “stock company H,” is reasonable to deem the said company as the victim, and to deem that there is no disadvantage to the Defendant’s right to defense
In the office of office, the victim stated, “I would have the automobile parts factory of J located within I in I in I, and D would have concluded a contract to be supplied with all of the scrap metal arising from the above factory,” and “The advance payment of KRW 200 million (including the down payment of KRW 100 million to be deposited in the J) to be paid first, it would be supplied with an amount equivalent to 500 tons per month of scrap metal arising from the J, and it would pay the above advance payment of KRW 500,000 per month separately, and would repay the above advance payment of KRW 200,000,000 per month to be paid separately from the victim who believed this.” From August 20, 2009, it received KRW 200,000 as the above advance payment from the victim
However, the facts are as follows: ① an intermediate seller collected from a vehicle parts plant, not a vehicle parts plant; ② the Defendant entered into an agreement with a limited liability company to pay only an advance payment without deposit of down payment with D, and ② the Defendant paid KRW 70 million out of KRW 200 million received from the victim to J, and did not supply it to the victim; ③ the remainder was used at his own discretion for repayment of KRW 54 million in loan to Yong-Nam and taking over a presses factory; ④ the Defendant did not have any intent or ability to supply the scrap metal as agreed upon even if it received the above KRW 200,000,000 from the victim.
In this respect.