A defendant shall be punished by imprisonment for one year.

Punishment of the crime

1. On December 28, 2011, the Defendant: (a) requested the consignment sale of scrap metal from the victim E at a D construction site located in Chungcheongnam-si, Chungcheongnam-si; (b) around December 28, 201, the Defendant received the consignment sale of scrap metal from the victim E; (c) around December 28, 201, the sum of 36,890km, including 12,290km, around December 29, 201, around 8,860km; and (d) January 15, 2012.

Around December 31, 2011 to January 9, 2012, the Defendant sold the scrap metal of the said victim to F, and received KRW 16,261,500 from a F representative G, and kept KRW 14,261,50 for the victim. At around that time, the Defendant used the said KRW 14,261,50 for personal purposes, such as lending KRW 5 million from Daegu Subdivision to H.

Accordingly, the defendant embezzled the victim's property.

2. The Defendant is a person who runs a construction business under the trade name of “J” from Daegu Suwon-gu I. Ga.

On January 31, 2013, at the above defendant's "J" office, the defendant made a false statement to the victim K that "the owner of the building and the contract entered into with the owner of the building to purchase these offices currently in lease, and the owner of the building agreed to help the owner of the building to obtain a loan as collateral if he/she pays only the down payment." If he/she borrowed money, he/she will receive a loan and repay it within a week.

However, since there was no way to help a building owner to get a loan and it is unclear whether a loan is made or not, there was no intention or ability of the defendant to pay the loan even if the defendant borrowed money from the victim.

The Defendant, by deceiving the victim as such, received KRW 14 million from the victim’s Daegu Bank Account under the name of the Defendant on the same day.

B. On February 13, 2013, the Defendant sent a phone call to the Victim K, and made a false statement to the effect that “A bill is discounted to the Bank of Korea. It is necessary to cover KRW 5 million and, if the money is short of money, a bill is discounted to be repaid at the discount of the bill.”

However, fact is that even if the defendant borrows the above money, it is true.