A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The Defendant is the actual operator of F Co., Ltd. (hereinafter referred to as “F”), who carries on waste collection and transportation business, etc. in the Dong-gu, Dong-gu, Dong-gu, Dong-gu, and G is a person who carries on the scrap metal and the wholesale and retail business with the trade name of “H”, and the victim I is a person who carries on scrap metal and the wholesale and retail business with the trade name of “J”.

On June 10, 201, the Defendant entered into a sales contract for construction works and by-products (hereinafter “original contract”) with the content that the Defendant would collect by-products from the removal works and pay KRW 169,730,000 to M Co., Ltd. for the price (a contract deposit, KRW 70,000,000, KRW 50,000,000 at the time of the first shipment, KRW 50,000 at the time of the second shipment, and KRW 50,00,000,000 for the removal of hydrogen factories in the above factory from M Co., Ltd. (hereinafter “original contract”).

The Defendant, following the conclusion of the prime contract on the same day, sold scrap metal, non-ferrouss, electric wires, etc. (hereinafter “instant scrap metal, etc.”) generated from removal works under the prime contract to G at the above factory parking lot (hereinafter “the first sales contract”) under the condition that the down payment is KRW 100 million and the remainder is settled later according to the quantity of the scrap metal removed.

10 million won was remitted from G on the same day.

On June 14, 2011, the date for the commencement of the removal work according to the original contract begins with the intention of the Defendant. However, inasmuch as the unit price of electric wires was set excessively set by G, the implementation of the first sale contract, such as the removal of the instant scrap metal and the receipt of any balance, which was delayed due to disputes with G, such as being demanded by G to adjust down the unit price of electric wires, and upon receiving a demand from M& to demand the collection of scrap metal and the payment of balance pursuant to the original contract, the Defendant sold the instant scrap metal, etc. to a third party twice and received the purchase price.

Accordingly, the Defendant on June 201.