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

Punishment of the crime

On December 5, 2016, the Defendant had been doing construction of machinery at a corporation D, a corporation located in Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-do, and had access to the victim E that the progress of construction is difficult due to the shortage of funds, thereby attempting to acquire money by deceiving it as if he had completed the disposal right of the scrap metal owned by D.

The defendant, at the front parking lot of the D Factory Co., Ltd., the victim E, “There is a large amount of 30 million tons of heavy machinery shower in the amount of KRW 30 million purchased from D, and will reduce the amount of KRW 5 million on deposit with the down payment.

20,000 won is paid immediately, and the scrap metal will be found.

“A false representation was made.”

However, the Defendant did not purchase the said scrap metal from D, but did not receive the said scrap metal instead of the remainder during the process of installing the machinery at the said D factory, and thus, despite the fact that the Corporation could have received the scrap metal from the said D factory, it was planned to complete the construction by preparing the said method from the damaged party due to the difficulty in performing the construction due to the lack of construction cost, so even if the Defendant received money from the damaged party under the name of the purchase price for the scrap metal, there was no intention or ability to deliver the said scrap metal to the victim immediately.

Nevertheless, the Defendant: (a) by deceiving the victim; (b) transferred KRW 20 million to a corporate bank account in the name of F around December 8, 2016 from the victim; and (c) transferred KRW 5 million to the G Nong Bank account around December 9, 2016.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 347(1) of the relevant Article of the Criminal Act regarding criminal facts; Article 347(1) of the Criminal Act; Articles 347(1) of the Criminal Act regarding the punishment [the defendant shall be sentenced to a suspended sentence of imprisonment for four months for a period of fraud in the assistance of Suwon Friwon and Ansan Friwon on February