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

Punishment of the crime

From March 1, 2011 to September 13, 2013, the Defendant is a person who has operated a solid business that trades scrap metal, scraping paper, and scrap metal with the trade name of “D” in the period from C to September 13, 2013.

1. At the time of opening the business, the Defendant commenced the business by borrowing approximately KRW 130,00,00 or receiving loans, but even if the enemy continues to receive advance payment from the victim E from January 2003, the Defendant did not have an intention or ability to supply the land because it is a situation in which it should be used for other purposes, such as office operation expenses, living expenses, etc.

On September 2, 2013, if the Defendant deposited KRW 20,000,00 in advance to the victim at the above D'D' office, the Defendant would be supplied to the victim by the end of the month. The Defendant supplied KRW 20,00,000 to the victim for advance payment, but the Defendant supplied KRW 3,808,90 to the victim for the remittance of KRW 20,000 from the victim, but did not supply the remaining amount of KRW 16,191,10.

2. On September 10, 2013, the Defendant: (a) received KRW 30,000,000 from the said victim’s office for the convenience of tax issues; (b) inasmuch as the Defendant thought to use it for other purposes as above, even if he/she received KRW 30,00,000 from the said victim; and (c) thus, if he/she transfers KRW 30,000 to the victim without any intention or ability to return the said KRW 30,000,000 to the victim, he/she would issue the tax invoice for such transfer; and (d) return KRW 30,00,000 to the victim

‘The purpose of this, ‘the sum of KRW 25,00,000 on the same day from the victim, and KRW 30,000,000 on the 12th day of the same month, the sum of KRW 5,000,000,00 were remitted and acquired from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement E in the interrogation protocol of the second prosecution against the accused;

1. Application of Acts and subordinate statutes on the settlement table of damaged gold sources;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the fact that the defendant's mistake in sentencing is against the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act, and Article 38 (1) 2 of the Criminal Act.