A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On November 12, 2008, the Defendant was sentenced to one year of imprisonment for fraud at the Ulsan District Court, and the execution of the sentence was terminated at the Ulsan District Court on May 1, 2009. On January 20, 2012, the Defendant was sentenced to eight months of imprisonment for fraud at the Ulsan District Court on January 28, 2012, and the said judgment became final and conclusive on January 28, 2012.

Criminal facts

On September 9, 2011, the Defendant made a false call to the victim M, a managing director of L corporation, at a place not known to him/her on September 9, 201, stating that “The Defendant would supply approximately 450 tons of scrap metal generated from N in the stone plant located in the Hayang-gun, Chungcheongnamyang-gun, Chungcheongnam-do, and the Gangwon-do, Gangwon-do, to supply the contract amount of KRW 125 million.”

However, the fact was that at the time the scrap metal was supplied to theO, and the scrap metal was not supplied to KRW 20 million, and thus, it was necessary to resolve the complaint by theO. P to purchase the scrap metal emitted from the N's stone plant at the time of the original state from the P, the sales contract was concluded, but only KRW 37 million as the down payment and intermediate payment was paid to the money received from the victim, and the remainder was used for other purposes, and the remainder was not paid to P, so there was no intention or ability to supply the scrap metal at each of the above sites to the victim.

As such, the Defendant, by deceiving the victim as such, was transferred from the victim to the post office account in the name of the Defendant, KRW 125 million as the total amount of KRW 10 million on September 9, 201, KRW 30 million on September 15, 201, KRW 5 million on September 17, 201, KRW 30 million on September 22, 201, KRW 20 million on September 23, 201, and KRW 125 million on September 23, 201.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of M;

1. A complaint filed for the preparation of M;

1. A reply to a request for provision of financial transaction information, such as an investigation report (in relation to attachment to a sales contract), an investigation report (report accompanied by a decision to suspend indictment for Q and R), and a reply;

1. Division: An inquiry report, an investigation report, an audit room, and the progress of a trial;