A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On June 30, 2011, the Defendant made a false statement to the victim C that “I will deliver scrap metal in the amount equal to 100 million won from the date of the payment, as the cost of removal is required, because I secured the scrap metal of the removal site,” by posting a telephone to the victim C.

However, there was no intention or ability to deliver scrap metal even if 50 million won was delivered by the victim because employees' benefits and public charges were in arrears due to bad credit standing at the time, and there was no actual acquisition of removal construction.

As such, the Defendant, by deceiving the victim, received 50 million won from the victim under the name of the Defendant by using the horizontal account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Application of the Acts and subordinate statutes on each account transaction and fact inquiry and reply;

1. Although the reasoning for sentencing under Article 347(1) of the Criminal Act of the relevant criminal facts is against the defendant, the amount of damage is not so big, the damage is not completely recovered, the method of defraudation, and all the elements for sentencing, such as criminal records, shall be determined in consideration of all the elements for sentencing.