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

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

Punishment of the crime

The Defendant, from around July 2007 to July 15, 2012, was operating a machinery manufacturer used in a chemical plant in the name of “F Co., Ltd.” in the military, Si, D, and E, and the victim G is the representative director of H of the limited company.

The Defendant had no particular property and was liable for the obligation of KRW 2.50 million to I, and the said FFF corporation did not have an intent or ability to supply scrap metal and scrap metal corresponding thereto even if it received money from the injured party because it did not receive a new production amount due to the situation in which the enemy did not pay the bank account to KRW 1.3 billion, and employees did not receive a new production amount.

1. Nevertheless, around May 21, 2012, the Defendant entered into a waste supply contract with the victim, who was introduced by J, to supply scrap metal and scrap metal to the victim during the period of two years from May 21, 2012 to May 20, 2014.

The defendant deceivings the victim as above, and was delivered KRW 30 million to the above FF Stock Company’s account under the name of deposit around May 22, 2012 from the victim.

2. Around June 15, 2012, the Defendant continued to demand an additional amount of KRW 10 million when he/she paid the victim additional money to the Defendant via the victim’s staffJ demanding the contractual performance. In doing so as to be able to supply the most recent scrap metal and the scrap metal remaining in the Defendant Company, the Defendant demanded an additional amount of KRW 10 million.

The defendant deceivings the victim as above, and was delivered KRW 10 million to the account in the name of the above FF Co., Ltd. for the same day from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and J;

1. Statement made by the prosecution with regard to G;

1. Statement made to I by the police;

1. Recycling management and collection of wastes;