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

Punishment of the crime

[Criminal Power] The indictment contains a prior conviction and the applicable provisions of Acts related thereto. However, according to the evidence submitted by the prosecutor, the confirmation of the above judgment can be recognized.

Since it is judged that the defendant's criminal records do not disadvantage the defendant's exercise of his/her right to defense, criminal records are recognized without amendment procedures.

On September 14, 2017, the Defendant was sentenced to 2 years of imprisonment with prison labor for violating the Labor Standards Act at the Changwon District Court, and the said judgment became final and conclusive around that time.

【Criminal Facts】

On May 2012, the Defendant stated that “A victim E, who operated a scrap metal in a factory (trade D after change) in the Defendant’s operation in the racing-si, Si, that “I would supply at least 10 tons of scrap metal generated in a factory operated in the inside and outside, at least 10 tons per month,” and that “The advance payment under a supply contract for scrap metal is different.”

However, at the time of fact, C was in a situation in which the order was suspended from the “F”, the main trading office, around December 201, and there was no particular distance, and the scrap metal was no longer used. Since management has deteriorated, such as the monthly rent for about 3 months and about 18 million won per 4 employees and about 10 million won per 2 months per 4 employees, there was no intention or ability to supply the scrap metal as agreed upon by the victim even if C received advance payment from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 50 million from the victim on July 2, 2012, and transferred KRW 80 million on November 6, 2012 to the Agricultural Cooperative under the name of the Defendant as an advance payment contract for the supply of scrap metal.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Data on the details of transfer of money;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to judgment, etc.);

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes