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1. The defendant shall be punished by imprisonment with prison labor for ten months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
Reasons
Punishment of the crime
On June 24, 2011, the Defendant was sentenced to imprisonment with prison labor and two years and six months at the Changwon District Court for fraud, and the said judgment became final and conclusive around October 2011.
The Defendant is a person who has run a manufacturing company with a trade name “C” in Kimhae-si B.
1. Around September 8, 2009, the Defendant stated that “A victim D who became aware of the fact through a chair in the above C office shall be supplied KRW 50,000,000,000 from each month to 50,000 won per kilogram, on the face of the week, with the intention of supplying all scrap metal generated in C under the pretext of a scrap metal.”
However, in the above proposal, when the victim makes such a proposal, the defendant is also obliged to supply scrap metal to the business entity called Co., Ltd., and it is not sufficient to supply the scrap metal produced in C to the refund company and the victim. In addition, since the situation where voluntary auction against C was being carried out at the time, the business operation of C has been interrupted due to the progress of voluntary auction against C, so even if receiving a scrap metal advance payment from the victim, the defendant did not have any intent or ability to supply the scrap metal accordingly.
The Defendant, by deceiving the victim as above, received KRW 16.5 million from the victim on September 8, 2009, and transferred KRW 5 million on October 30, 2009 to the Agricultural Cooperative (E) Account under the name of each Defendant, and received KRW 28.5 million in cash around that time, and acquired KRW 50 million in total.
2. On November 16, 2009, the Defendant stated in the above C Office that “The Defendant would supply scrap metal to the Defendant, including KRW 50,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,
However, the defendant uses the advance payment of scrap metal received from the victim for monthly salary or retirement allowances.