A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On October 25, 2012, the Defendant was sentenced to a suspended sentence of two years in the Seoul Southern District Court for criminal fraud. This judgment became final and conclusive on November 2, 2012.

【Criminal Facts】

On March 7, 2011, the Defendant called the victim D, a scrap metal business operator, who became aware of through C, to “at least 50 million won, if the Defendant removed this factory, he would have purchased 2 or more factories in Gyeonggi-si.” On the other hand, at least 35 million won, the Defendant would be given priority to the removal of this factory. However, the Defendant said that “on the other hand, it is too close to the other hand, and the money would be more than 50 million won, and the Defendant would immediately move over to another person unless the Defendant continued to enter into the current funeral contract.” However, the Defendant did not have any money.

However, in fact, the defendant did not purchase the factory itself, and even though he concluded a contract with F to purchase the scrap metal of the above factory, although he did not have the ability to pay the down payment of the sales contract, he had the intent to pay the down payment of the scrap metal to F with the money received from the victim by deceiving the victim. Therefore, the defendant did not have the intention or ability to transfer the scrap metal to F to the victim.

As such, the Defendant, by deceiving the victim, received KRW 30 million from the victim to the new bank account (G) in the name of F on the same day, and KRW 5 million from the Defendant’s wife H account, and acquired KRW 35 million in total on two occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and I;

1. Each prosecutor's protocol of examination of the accused (including the statement portion of D);

1. A sales contract for scrap metal (No. 10 No. Serial No. 10 of the evidence list);

1. A previous conviction: A criminal investigation report (Attachment of a criminal suspect's fraud judgment) and Seoul Southern District Court Decision 2012Kadan2107 (Seoul Southern District Court Decision).