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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the representative director of E Co., Ltd. located in Gunsan-si D.

On February 10, 2014, the Defendant made a false statement to the victim G, a director of the said company, stating that “Korea Co., Ltd. manufactures steel and supplies it to Hyundai Heavy Industries by making ship materials, etc., and it comes out in the process. There are a lot of scrap metal in the process. If you want advance payment for scrap metal, you will deliver monthly high 100 tons of scrap metal.”

However, the above corporation E bears the obligation to pay for the financial rights, etc. equivalent to KRW 4,201,758,418 due to the deterioration of management, and the company's operating expenses are also insufficient due to the aggravation of finance, so there was no intention or ability to deliver scrap metal normally even if it receives advance payment from the victim.

The defendant, from the victim on February 20, 2014, KRW 20 million, and the same year.

3.4. In the same way, 10 million won was transferred under the same method, 7 million won by the same method on the 12th of the same month, and 63 million won by the same method on the 18th of the same month to an enterprise bank account under the name of E Co., Ltd. (H) or to an account under the name of the defendant, on the 4 occasions.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of the agreement on the payment of the price in advance, detailed statement of passbook transaction, standard balance sheet statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing [the range of recommending punishment] under Article 32(1)3 and Article 25(3)3 of the Act on Special Cases concerning the Dismissal, etc. of Application for Compensation Order (the scope of liability for damages is not clear as the defendant pays a part of the amount of damage to the victim, and the consent thereto is not clear). The general fraud type 2 (the amount exceeding 100 million won, and less than 50 million won).