A defendant shall be punished by imprisonment for six months.

Punishment of the crime

Around July 20, 2007, the Defendant, a person operating Co., Ltd., entered into a contract with the Chairperson F of the E Company and the Mayor of the E Company’s office located in Seocho-gu Seoul, Seocho-gu, Seoul, for the selection of apartment redevelopment apartment removal business entity, and concluded a false statement on the part of the victim H by posting telephone to the victim H, thereby getting the victim to get all the scrap metal generated from the G apartment reconstruction removal work. The Defendant, as the first priority to sell the scrap metal coming from this contract to the party, transferred KRW 40 million as an advance payment.

However, in fact, the Defendant, at the time, failed to pay the down payment of the above removal business operator due to the lack of the down payment, and the contract was not completely formed, and the victim transferred the above KRW 40 million to the Defendant under the name of the president of the International Company J, which is not his own name, under the name of advance payment, instead of his own name. Accordingly, the Defendant entered into an scrap metal sales contract with the same content as that of the representative M of the L Company in Busan around August 14, 2007, which was after the conclusion of the instant contract with the victim, and even if the victim received advance payment of KRW 40 million, there was no intention or ability to sell the scrap metal to the victim.

The Defendant, upon receiving the request of the victim by deceiving the victim, received the remittance of KRW 40 million through the corporate bank account in the name of C under the name of the said J, under the pretext of advance payment for scrap metal on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H, J and N;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement to H and J;

1. Investigation reports (Listening to statements by L company M or by a counter phone), investigation reports (as to attachment of letters) (as to the attachment of pages), investigation reports (records of telephone between victims and N), investigation reports (the details of issuance of cashier's checks by victims);

1. A sales contract for each scrap metal, a standard contract for private construction works, a copy of a passbook (KI), a joint project implementation contract (agreement), a certificate of contents, and a written reply, a transaction order, and an order of payment on a document verifying contents.