A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

1. On February 10, 201, the Defendant of criminal records was sentenced to five months of imprisonment with prison labor and two years of suspended execution at the Suwon District Court for fraud, and the judgment became final and conclusive on February 18, 201.

2. The Defendant is a person who has operated a stock company E with the main purpose of collecting and selling scrap metal.

In the course of operating the above E, the Defendant was liable for a debt worth approximately KRW 2.83 billion, and approximately KRW 13 million was assessed as interest on the above debt, and thus, there was no intention or ability to pay the said amount at the time, even if the Defendant was supplied with the goods from the customer.

Nevertheless, on March 5, 2010, the Defendant, at the G site of the victim D’s operation located in the Silung-si, issued to the victim an electric wire totaling of KRW 119,11,190 by deceiving the victim, “if an electric cable is delivered, the price will be settled until March 6, 2010” to the victim, and received an electric wire totaling of KRW 119,11,190 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A certificate of borrowing money;

1. Certificate of measurement, copy of tax invoice, and account book;

1. Account transactions, etc.;

1. Two copies of the judgment; and

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation reports;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (the fact that it is a crime that has occurred during continuous business relations, the fact that part of the amount of damage is fully agreed with the victim by paying part of the amount of damage, and the equality with the case that a judgment is to be

1. Article 32 (1) 3 of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings to Dismiss Application for Compensation;