Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

On April 20, 2013, the Defendant: (a) sold 22 tons of steel bars owned by the victim C from the victim C at the construction site located in Jung-gu Seoul Special Metropolitan City, Jung-gu at the construction site; (b) sold approximately KRW 4.10 won per kilogram; and (c) sold the said steel bars at the intervals of KRW 9 million on April 25, 2013, and around April 30, 2013, the Defendant sold the said steel bars at the factory located in Kimpo-dong, Jung-gu, Seoul Special Metropolitan City, and received the payment therefrom.

Around April 25, 2013, while the defendant kept the sales proceeds of steel bars to be delivered to the victim, he paid 2.5 million won to the victim, and he embezzled the remaining 6.5 million won by voluntarily using it in the repayment of the defendant's obligation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the selection of penalties;

1. The portion not guilty of Articles 70 and 69(2) of the Criminal Act for the detention in a workhouse;

1. Fraud in the facts charged and the defendant's assertion

A. On August 20, 2011, the summary of the facts charged, the Defendant, even if receiving the steel payment from the victim D, did not have the intent or ability to deliver the steel bars to the victim. On or around August 20, 201, the Defendant acquired by transfer KRW 20 million from the victim to the account of the Defendant’s G Co., Ltd. on August 22, 201, by transfer from the victim to the Defendant’s account under the pretext of supplying the steel bars.

B. The Defendant alleged that he had concluded a contract for the supply of the iron with the victim and received KRW 20 million, and then he paid KRW 20 million to H, a trading company of the Defendant, “If he pays the outstanding amount of KRW 20 million, he will supply the iron.” The Defendant paid KRW 20 million to the Plaintiff.

However, I receives KRW 20 million, but it does not supply the iron to the defendant, unlike the promise, and the defendant goes on the back to the victim.