Defendants shall be punished by imprisonment for four months.

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

Punishment of the crime

On July 27, 2009, the Defendant was sentenced to two years of imprisonment with prison labor for 8 months at the Changwon District Court for fraud, and the said judgment was finalized on August 4, 2009. On October 20, 2011, the Changwon District Court sentenced two years of suspended execution to eight months of imprisonment with prison labor for fraud. The said judgment became final and conclusive on October 28, 201.

Around March 31, 2008, the Defendant entered into a contract with the victim E to supply an amount equivalent to KRW 40 million at the site of removal at the Gu G removal work located in the Changwon-si Masan-si, Changwon-si. The Defendant agreed to deliver the first shipment from April 15, 2008 to 20 tons.

However, the Defendant had already entered into a scrap metal supply contract with H around August 2007 and received KRW 100 million from it. Around March 4, 2008, the Defendant entered into a scrap metal supply contract with I and received KRW 25 million from it. Around March 20, 2008, the Defendant did not supply the said person at all even if he entered into a scrap metal supply contract with J and received KRW 60 million from it. At the time, the Defendant did not have any intent or ability to supply the scrap boat normally to the victim, such as where the cost of removal related to the said site exceeds the sales proceeds of the scrap metal.

Nevertheless, as seen above, the Defendant was transferred 40 million won to the account under the name of K company operated by the Defendant for the same day as the down payment from the victim by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of suspect regarding L by prosecution;

1. Statement to E by the police;

1. A copy of the judgment of Changwon District Court 2009No3057; and

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a copy of the relevant judgment);

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The amount of damage under Article 62 (1) of the Criminal Act;