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

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

Punishment of the crime

[2015 Highest 4383]

1. On June 13, 2012, the Defendant committed a crime on June 13, 2012: (a) around 13, 2012, the victim F, who engages in wholesale and retail business of scrap iron in the name of “E” within the main office of D (main office) operated by the Defendant in C, need to bear the cost of site facilities to collect and dispose of scrap iron, scrap iron, etc.

A false statement was made to the effect that it would collect and supply the waste scrap metal for a period of three years in order to use the pents cost, material cost, personnel cost, etc. to be installed in the site, and the 10 million won and 1 ton cargo vehicle.

However, the Defendant, while operating a bus sales business at the time, was obligated to pay approximately KRW 150 million to the victim with no specific property and received money from the victim due to no certain income. However, even if he did not have a specific business plan for collecting the bus scrapping and scrap metal, there was no intention or ability to provide the victim with the money by collecting the scrap metal, etc. even if he did not have any specific business plan for collecting the money and vehicles from the victim.

The defendant received 10 million won from the victim to the Saemaul Treasury account in the name of the defendant on the same day as the deposit, and received a G-type cargo vehicle equivalent to KRW 10 million from the victim.

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

2. On June 30, 2012, the Defendant made a false statement to the effect that “Around June 30, 2012, the Defendant would collect and supply the closed glass to the victim by paying one million won to the victim at the above place.”

However, the fact did not have the intention or ability to supply waste excreta even if the price is paid from the injured party.

The defendant was transferred one million won to the above Saemaul Treasury account of the defendant on the same day from the victim.

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

[2015 Highest 4475]

1. The defendant's economic situation.