A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

[2] On September 14, 2012, the Defendant was sentenced to one year and eight months of imprisonment for fraud at the Incheon District Court on the 22th day of the same month. The judgment became final and conclusive on February 18, 2013, which was sentenced to two months of imprisonment for fraud at the same court on the 26th day of the same month. On December 19, 2013, the judgment became final and conclusive on the 27th day of the same month after having been sentenced to six months of imprisonment for fraud at the same court on December 19, 2013. On November 6, 2014, the same court was sentenced to five months of imprisonment for fraud and became final and conclusive on the 25th day of the same month.

[2] On June 11, 201, the Defendant stated that “The Defendant would deliver scrap metal and scrap metal owned in the above factory to E” to the victim in the E office of the victim’s D operation in Yeonsu-gu Incheon Metropolitan City, stating that “The Defendant would deliver scrap metal and scrap metal owned in the above factory if it is paid KRW 100 million to the neighboring factory.”

However, the defendant did not have any intention or ability to supply scrap metal even if he received money from the above victim and did not have any intention or ability to supply scrap metal in return for the payment of scrap metal, since he did not have secured scrap metal and scrap metal in a nearby factory.

Nevertheless, the defendant deceivings the victim as above and transferred KRW 100 million to the G name account (H of the National Bank) on June 19, 2011 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of G;

1. Each police statement made in relation to I and D;

1. Customer transactions and account details;

1. A written confirmation or a written complaint;

1. Previous convictions: References to inquiries, such as criminal history, attachment of written judgments, and application of the defendant's statutory statement statutes;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. It is disadvantageous to the fact that the reason for the defraudation of the reason for the sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing) reaches KRW 100 million, and that there have been several records of having been punished for the same crime.