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

Punishment of the crime

On December 12, 2011, the Defendant was sentenced to eight months of imprisonment with prison labor for an injury, etc. at the Busan District Court, and completed the execution of the sentence on July 20, 2012.

[2013 Highest 1623]

1. Around 11:00 on December 31, 2012, the defrauded: (a) called “F, an employee of the E company operated by the victim D, called “A” by phoneing the victim F, who is an employee of the E company operated by the victim D, and then, issued the 1052 SPP certificate to A, the representative of the H company, and then, deposited the payment to pay.”

However, the defendant did not have the intention or ability to pay the price to the victim even if he was issued a certificate of delivery.

The Defendant, as such, by deceiving the victim, obtained a 1052 stuffed certificate from the victim to release 1052 stuffed from the victim, and acquired the 19,462,000 won of the market price by using the certificate of release.

[2013 Highest 6306]

2. The criminal defendant did not have any intent or ability to borrow money from the victim I for the purpose of the scrap metal business or to pay the money.

Nevertheless, on October 11, 2012, the Defendant, at the K office operated by the victim located in Seo-gu, Busan, Seo-gu, Busan J. 208, said, “If 20,000 won is lent to repay to March 30, 2013, the Defendant borrowed 20,000 won from the victim’s national bank account to the Defendant’s national bank account.”

3. Even if the victim I received freezing from the victim I, the victim did not have the intent or ability to pay the proceeds to the victim on behalf of the victim.

Nevertheless, on November 23, 2012, the Defendant offered to the victim “to sell freezing instead of freezing,” thereby requesting the victim to release freezing. Accordingly, on November 23, 2012, the Defendant amounting to KRW 510,000 in the freezing 10,000.