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

Punishment of the crime

On March 5, 2015, the Defendant stated that “D” offices located in Seongbuk-gu Seoul Metropolitan Government, “D will supply the victim E with the amount equivalent to 60 percent of the price of the scrap metal and the scrap metal discharged from the F F F F F F F F F F F F F F F F F F F work site within 20 days in the future at the market price, and deposit the amount equivalent to 60 percent of the price with the remaining 40 percent as interim management expenses, and supply them at least 1,500 tons each month on the condition that the remainder 20 percent is divided by ten percent.”

However, the facts are true since May 2014 by the Defendant.

9. Before October, 30, the Defendant was in charge of the temporary site site of (ju)G and did not work as the site warden at the time of leaving the site. Since the authority over the disposal of the scrap metal was located in F, which is the ordering place, the Defendant could not supply scrap metal even if the Defendant received money from the victim. Since scrap metal was generated in 2014 in total 1,02 tons, there was no intention or ability to supply the victim with scrap metal exceeding 1,500 tons each month, and around November 7, 2014, with respect to the same scrap metal, there was no intention or capacity to supply the victim with scrap metal exceeding 1,500 tons each month. The agreement was concluded with H around December 18, 2014, and around January 15, 2015, to sell the said scrap metal to H.

The Defendant, as above, by deceiving the victim, received 50,000,000 won from the victim, to the Agricultural Cooperative Account (K) under the name of the Defendant, and received 4 million won from the 30,000,000 won from the 6th of the same month to the NA bank account (M) in the name of the Defendant, and received 90,00,000 won from the NA bank account in the name of the Defendant and received 30,000,000 won from around the 27th of the same month to the NA bank account in the name of the Defendant, and received 6,00,000,000 won from the NA bank account in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Statement made by the police for E;

1. The joint project agreement and the subrogated performance; and