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

Punishment of the crime

On February 8, 2012, the Defendant was sentenced to 8 months of imprisonment with prison labor for special larceny and 2 years of suspended execution at Suwon District Court on February 16, 2012, and the said judgment became final and conclusive on February 16, 201, and on June 22, 2011, the Defendant stated that “The Victim E was ordered to perform the removal works of STX heat co-electric power plants located in the Gyeong-dong, Seosan-si. From August 31, 2011, the Defendant would sell 10,000 tons and 100 tons of scrap metal to KRW 100,000.”

However, at the time, the Defendant did not receive any orders for the removal of STX Heat Complex, and even if paid KRW 100 million by the victim, there was no intention or ability to supply the victim with 10,000 tons of scrap metal and 100 tons of scrap metal.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 39 million from the victim, namely, from the seat to the corporate bank account in the name of the Defendant on the same day, and received KRW 21 million from the account in the name of the Defendant, and transferred KRW 40 million to the same account on June 24, 201.

Accordingly, the defendant deceivings the victim and obtained a total of KRW 100 million from the victim, thereby deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (F telephone conversations for reference);

1. Deposit slip and deposit receipt;

1. A copy of a contract for the sales of STX scrap metal;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (the last sentence of Article 37 and confirmation of the last sentence);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. The crime of this case on the grounds of sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Act on the treatment of concurrent crimes is inevitable in light of the following: (a) the criminal defendant, who acquired 100 million won from the victim as the price for scrap metal; and (b) even though the amount of the fraud is relatively large, the damage recovery to the victim

On the other hand, in determining the sentence, other than the sentencing factors mentioned above.