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

Punishment of the crime

1. Around October 10, 2009, the criminal defendant against the victim C told the victim C to pay the price by October 23, 2009, the company that is a scrap metal company that operated the defendant's business located D located in Yangsan-si.

However, in fact, the defendant was under the direction of the enemy at the time and was under the obligation to pay to other scrap metal business operators, so even if the defendant is supplied with scrap metal from the victim, there was no intention or ability to pay the price.

The Defendant supplied the victim with a total amount of KRW 9.3 million from around that time to October 21, 2009 and acquired it by deceit.

2. Around October 2009, the Defendant agreed to 100 tons of scrap metal between the Victim F Co., Ltd. and the Victim F Co., Ltd. to deliver 100 tons of scrap metal to G under the victim’s name as the business partner.

On October 23, 2009, the Defendant called “Around October 23, 2009, the Victim’s staff H called “The Defendant supplied 50 tons of scrap metal to G at A.M., and deliver the remainder 50 tons in P.M., which would change the amount of scrap metal to KRW 40 million.”

However, in fact, the defendant did not have supplied scrap metal to G on that day, but did not have secured 100 tons of scrap metal. At that time, the defendant's personal debt amounted to KRW 80 million and tried to use it for the repayment of his/her obligation with the payment from the victim, and there was no intention or ability to deliver the scrap metal to the victim.

On October 23, 2009, the Defendant, by deceiving H as above, received 40 million won from the victim to the Agricultural Cooperative Account (I) in the name of the Defendant under the name of the victim for the settlement of scrap metal.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes on police statements made to H and C;

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;