A person shall be punished by imprisonment with prison labor for not less than six months, or by imprisonment for not more than two years, for a crime of No. 2 or 3 as stated in the judgment of the defendant.

Punishment of the crime

[Defendant A’s criminal records] Defendant A was sentenced to two years of imprisonment with prison labor for fraud, etc. at Sungnam branch support on December 16, 201, and the judgment became final and conclusive on December 24, 2011. On April 9, 201, Defendant A was sentenced to two years of suspended sentence for one year of imprisonment with prison labor for the same offense in the same court, etc., and the judgment became final and conclusive on April 17, 2014. On July 17, 2014, Defendant A was sentenced to ten months of imprisonment with prison labor for the same offense in the same court and completed the execution of the sentence on May 16, 2015 after the judgment became final and conclusive.

"2016 Highest 3795"

1. Fraud by Defendant A’s victim C

A. On May 12, 2009, Defendant A made a false statement to the victim’s secondhand office operated by the victim C in Seongbuk-gu, Seongbuk-gu, Sungnam-si, that “I would immediately remove the branch police station and build the E hospital, and the scrap metal will run down at the construction site, and as the inside is well aware of the F, the vice president of the E hospital, the head of the E hospital, may give off the scrap metal coming from the construction site, and the down payment would change to KRW 20 million.”

However, the defendant did not have any intention or ability to file a scrap metal with the victim because he did not have any commitment or authority to collect scrap metal from F in the construction site.

Nevertheless, the defendant deceivings the victim as above and received one copy of the KRW 20 million check as the contract deposit from the injured party.

B. On December 24, 2009, Defendant A had a lot of scrap metal to remove the waste water purification plants located in the G in the Seongbuk-gu Subdivision-dong of Seongbuk-gu, Sungnam-si.

The phrase “to purchase a scrap metal at the face of the week” was false to read to the head of H, who is a public official of Seongdong-gu, sexual male viewing, to buy a scrap metal.

However, the defendant is authorized to collect scrap metal generated in the process of removing wastewater from H.