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Defendant shall be punished by imprisonment for a period of two years and six months.
The defendant shall obtain money 50,00,000 won by deceit from C and each applicant for compensation.
Reasons
Punishment of the crime
[2017 Highest 1958]
1. The joint crime C committed by the Defendant and the defense-based joint Defendant C is a person who has been engaged in the aluminium scrap business from around July 2012 to August 5, 2012 in Ansan-si, etc., and the Defendant is a person who has been engaged in the business as an incorporated foundation E (hereinafter “E”), while serving as the head of the business from around July 2012 to April 5, 2013.
The Defendant and C conspired with the victim B to show approximately 300 tons of the Alumin aluminium scrap owned by C, and the Defendant, by deceiving the victim by misrepresenting the status of the head of the E business, concluded a contract with the victim to “to pay profits after disposing of the Alumin scrap,” and intended to take money by deceiving the victim as the down payment.
In collusion with the Defendant, at the “G” office located in Pyeongtaek-si F on February 25, 2014, the Defendant and C hold 6,000 tons of “E aluminium scrap” to the victim engaged in mechanical business.
Since Alumin scrap has considerable property value and can impose a larger amount of money when disposing of it to a foreign country, 50,000 won for a down payment, 100 won per 1 km after disposing of the ham scrap immediately.
Even if the scrap does not immediately dispose of it, 50,000 won will be repaid by March 5, 2014, followed by one week.
Since the head of the E business team guarantees, the contents of the contract shall be observed without framework.
“.......”
However, in fact, Alumin scrap is not E but E, and C actually possessed only 300 tons of Alumin scrap, and the Defendant and C did not have the intent or ability to pay profits to the victim even if they received KRW 50,000 from the injured party, as the Defendant and C did not dispose of it, and even if they did not dispose of it, they would have the intention to pay KRW 50,000 to the injured party by March 5, 2014.