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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

"2017 Highest 1393"

1. Around May 8, 2015, the Defendant against the victim B changed the amount of KRW 200,00,000 as the contract deposit in order to enable the victim B to purchase the scrap iron at the C site located in Ansan with the intention of the height of the scrap, etc. after purchasing the scrap iron to the victim B at an influent restaurant located in Ansan-si, Ansan-si (hereinafter referred to as the "Seosan-si") around May 8, 2015. This case can be disposed of within three days after the contract was entered into, and within one week at the latest. In addition, if the Defendant did not dispose of it within one week at the same time, it would bring about the said scrap iron, etc. to four weeks.”

However, even if the defendant received money from the victim, he did not have the intention or ability to mediate the contract with which the victim can purchase the non-performance of money.

The Defendant, as such, by deceiving the victim, received 200,000,000 won from the victim as the down payment on the same day.

"2017 Highest 3679"

2. On March 21, 2015, the Defendant against the victim B told the victim at the scene office of the removal work of the E (State) Busan 1 Factory located in the Busan Yan-gu, Busan Yan-gu, that “If the removal work of the Busan 1 Factory is in progress, and the contract for the removal work of the Busan 2 Factory is in progress, and if the contract deposit is required, if the contract deposit is borrowed in excess of KRW 200 million, the removal work of the Busan 1 Factory is completed, the Defendant would refund KRW 100 million to the police officer as aground and KRW 300 million.”

However, there was no fact that the Defendant promoted the contract for the removal of the 2nd Busan Factory, and the Defendant was under pressure to pay for all kinds of removal works and scrap metal transactions without his own funds as credit bad, and sold the F the facilities of the 1st factory in Busan to F. However, due to the shortage of funds for the removal of facilities, until March 31, 2015, which is the due date for the contract for the removal of facilities with E (E).