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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
Defendant
A is a person who, until July 2010, operates a secondhand shop "D" with the trade name of "D," and thereafter, is a person who, without being registered as a business operator, enters the place of removal and engages in the scrap metal business, and the victim E is a person who operates the scrap metal business with the trade name of "F".
1. On October 10, 2014, the defrauded made a false statement to the effect that “The Defendant entered into a contract to remove H’s water tank” with the victim (“H” located in Ulsan-gu G, Ulsan-gu, and that “the Defendant would remove the water tank with the advance payment of KRW 150,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000
However, the facts revealed that the scrap metal and the scrap metal, which can be obtained from the above removal construction, were merely 400 tons of 400 tons, and the Defendant was aware of the fact, and the Defendant did not have any property or fixed income under the name of the Defendant at the time. On July 2010, the closure of the above D around July 2010, there was a dispute over the amount of KRW 790 million to other persons, and the delinquent taxes amounted to KRW 30 million, and there was no circumstance that the loan could not be received due to the bad credit standing, so even if the Defendant received the aforementioned advance payment from the injured party, there was no intention or ability to see the equivalent scrap metal or scrap, or to return the money received from the injured party.
Nevertheless, the Defendant received KRW 80 million, in total, KRW 70 million in around the 13th of the same month from the injured party as the agricultural bank account in the name of I as an advance payment, and KRW 150 million in around the 10th of the same month.
Accordingly, the Defendant, by deceiving the victim, received property equivalent to KRW 150 million.
2. On October 20, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) committed against the Defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter “Aggravated Punishment, etc.”) with the J Co., Ltd. to forge the “a mechanical facility removal contract” with the J Co., Ltd., and to provide the victim with the money from the victim who believed it.