Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

1. On December 8, 2010, the Defendant concluded that “Around December 8, 2010, the Defendant would have the victim D collect scrap metal from the C company’s office located in Gwangju-si, for one year, at the victim D’s share of KRW 2-3 tons per month and the market price of KRW 3-5 million per month from the C company.”

However, there was no intention or ability to collect scrap metal equivalent to KRW 2-3 tons per month and the market price of KRW 3-5 million for one year, even if the company receives advance payment due to a lack of company circumstances.

The Defendant, by deceiving the victim as above, received KRW 20 million from the victim’s bank account in the name of the Defendant (E) on the same day.

2. On April 13, 2011, the Defendant made a false statement to the Defendant that “If the purchase price of materials is insufficient, the Defendant would only use this mold if the Defendant lent KRW 3 million to the victim.”

However, there was no intention or ability to repay the money in advance even if the company borrows money due to the lack of the circumstances of the company.

The Defendant, as above, by deceiving the victim, received KRW 3 million from the victim to the above account on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. The suspect interrogation protocol of some police officers against the defendant;

1. Statement made to D by the police;

1. A complaint;

1. Application of Acts and subordinate statutes to a criminal investigation report;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;