A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On March 18, 2009, the Defendant was sentenced to six months of imprisonment for fraud in Busan District Court's Dong Branch branch branch, and completed the execution of the sentence on July 15, 2009.

1. The criminal defendant against the victim C is a person who runs the scrap metal brokerage business by misrepresenting that the defendant is the vice president of the business division of the above company even though he is not an employee of the company D.

On October 28, 2009, the Defendant displayed to the victim C the scrap metal kept in the “F” located in Young-gun E of Gangwon-do, and concluded that “The Defendant would immediately transfer the scrap metal amounting to KRW 31,900,000 as the price for the scrap metal, although 50t of this scrap metal was awarded a successful bid by the Korea Railroad Corporation.”

However, there was no intention or ability to transfer the said scrap metal even if the Defendant received the payment for the scrap metal from the victim because the Defendant was not the vice president of D, but the said scrap metal was not awarded a successful bid.

As such, the Defendant, by deceiving the victim and deceiving him from the victim, received total 31,90,000 won from the Defendant’s bank account in the name of the head of Tong (number H) in the name of the Defendant’s wife G to the bank account (number H) on October 28, 2009, and 2,900,000 won on October 29, 2009.

2. On November 22, 2010, at around 14:00, the Defendant: (a) drafted a sales contract for scrap metal with the victim I on November 22, 2010, by stating that “In the city of Incheon, the Defendant is the owner of the transportation facilities at the construction site of the gold Do, Young-do; (b) the purchase of scrap metal may impose a large amount of money upon the purchase of the scrap metal.”

However, the defendant was not the owner of the construction site transport facilities, and there was no intention or ability to sell scrap metal in the construction site.

The Defendant, by deceiving the victim as such, received 30,000,000 won as down payment from the victim to the Agricultural Cooperative Account (J) on the day of the contract.

Summary of Evidence

1. Partial statement of the defendant;

1. The protocol concerning the interrogation of the accused by the prosecution;