A defendant shall be punished by imprisonment for four months.

Punishment of the crime

In accordance with the remittance details submitted by the victim (not more than 49 pages of investigation records), the receipt date of the money from among the facts charged shall be partially revised and recognized.

On November 30, 2012, the Defendant was sentenced to a suspended sentence of two years in October of imprisonment without prison labor due to occupational injury or death by occupational negligence in the support of Suwon District Court on November 30, 2012, and the judgment became final and conclusive on August 29, 2013.

The Defendant, who is engaged in the scrap metal business with the trade name of Co., Ltd., obtained a sum of KRW 23.5 million from the victim D to the name of the scrap metal down payment, etc. at least nine times in total, and acquired it by fraud.

1. On December 13, 2012, the Defendant, at Seocho-gu Seoul Metropolitan Government E commercial building, issued KRW 200,000,000 on the day as a down payment, respectively, to the victim D, stating that “I will transfer the scrap metal emitted from this two commercial buildings” to the victim D, and received KRW 1 million on December 14, 2012.

However, at the time, the defendant did not have the intention or ability to transfer the scrap metal to the victim because he did not have acquired the right to remove the commercial building or the right to scrap metal.

As above, the Defendant was issued three million won by deceiving the victim.

2. On December 20, 2012, the Defendant received KRW 3 million as the down payment, on the ground that “The Defendant changed the down payment to transfer the scrap metal from the removal of this commercial building to KRW 8.5 million” from the commercial building located in the Seo-gu Incheon, Seo-gu, Incheon, and received KRW 3 million as the down payment.

However, at the time, the defendant did not have the intention or ability to transfer the scrap metal to the victim because he did not have acquired the right to remove the commercial building or the right to scrap metal.

As above, the Defendant was given three million won by deceiving the victim.

3. On January 3, 2013, the Defendant received KRW 200,000 as a down payment, stating that the Defendant would remove “G” golf driving range in Seocho-gu Seoul Metropolitan Government F, and make a scrap metal to the victim.”

However, at the time, the defendant did not acquire the right to remove the above golf practice range or the right to remove the scrap metal.