A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case, each of the victims B and C is against the victim.

Punishment of the crime

[2017 Highest 224] On September 30, 2016, the Defendant entered into a sales contract with the victim E to collect scrap metal generated at the time of removal of the clean factory building located in Pyeongtaek-si D.

It is possible to start the removal construction of 50 million won in advance due to the advance payment of the scrap metal price to the factory owner, so it will be 180 won in kilogram per kilogram the scrap metal generated at the time of removal of the factory building in the Jeju-do.

“A false statement” was made.

However, in fact, F was not able to sell scrap metal generated in the process of the removal of the above factory building to any other person because it was not a contract for the removal of the above factory building. Even if the Defendant received money from the injured party for advance payment of the price for the scrap metal, the Defendant did not have the intent and ability to make the scrap metal generated from the removal of the above factory building.

On September 30, 2016, the Defendant received KRW 30 million from the damaged party to the Agricultural Cooperative account in the name of G Co., Ltd., and received KRW 20 million from the said account on October 4, 2016.

Accordingly, the defendant was given property by deceiving the victim.

[2017 Highest 483] The Defendant: (a) operated the iron processing business G company at Asan-si H; (b) concluded a contract for the supply of steel products to the victim company after receiving the steel delivery from the victim company (hereinafter “victim company”); (c) around October 2015, the Defendant concluded a contract for the supply of steel products to the victim company after receiving the supply of steel products from the victim company.

The Defendant was supplied with approximately 50 tons of steel bars from around October 2015 to around January 2016, and supplied them by processing only 360 tons, and returned 79 tons of remaining 140 tons, and disposed of at will around that time without returning the remainder 61 tons.

Accordingly, the Defendant embezzled 61 tons of steel bars worth 30 million won in the market price.

[2017 order 536]