A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[2014 Highest 1688] On September 14, 2013, the Defendant made a false statement to the victim D at the C office in the operation of the Defendant in Kimhae-si, Kim Jong-si, stating that “The Defendant will supply scrap metal of 40 tons per month on the face of 100 million won as an advance payment for scrap metal.”

However, at the time, the defendant, at the time, has been liable for the loan of bank rights amounting to 2 billion won, and it was thought that he will use the loan of bank rights to pay his personal debt when he receives money from the victim because of economic difficulties to the extent that he is in default of taxes exceeding 20 million won.

Nevertheless, the Defendant, by deceiving the victim as above, received 80 million won immediately from the victim's position, and received 20 million won from the Gyeongnam bank account in the name of the Defendant on the same day, and acquired it by deceiving the victim.

[2014 Highest 1937] The Defendant was a person who operated the “C” in Kimhae-si B, and was false at the above C office on August 27, 2013, the Defendant made a false statement to the victim E that “if the steel market is supplied, the price will be paid in the following month.”

However, from August 2013, the Defendant began to be unable to carry out the financial situation of the company. In fact, the company’s operating status has deteriorated to the extent of suspending the company’s factory operation on November 2013, and even if the company was supplied with steel plates from the victim, the Defendant did not have any intention or ability to pay the price normally.

As such, the Defendant, by deceiving the victim as such, acquired the metal equivalent to KRW 128,348,374,374 on August 27, 2013 by deceptioning the victim and acquiring the said metal by deceptioning the metal equivalent to KRW 128,348,374 on August 27, 2013; KRW 29,124,441 on August 29, 2013; KRW 31,885,018 on September 2013; KRW 76,887,624 on October 2013; or KRW 128,348,374 on supply of the steel metal.

Summary of Evidence

[2014 Highest 1688]

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Investigation report (related to the confirmation of the date of closure of business and the amount of delinquent taxes);

1. A complaint, a scrap metal treatment contract, and