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A person shall be punished by imprisonment with prison labor for not less than six months, and by imprisonment with prison labor for not less than two years and six months.
Reasons
Punishment of the crime
On July 2, 2009, the Defendant was sentenced to a suspended sentence of three years on July 10, 2009 at the Daegu District Court on imprisonment for fraud, etc., and the judgment became final and conclusive on July 10, 2009.
1. The Defendant, while running the scrap metal sales business, was paid an amount equivalent to KRW 120 million from the customer of the name company, etc., and did not supply the scrap metal. There was no special property, and there was no conclusive contract on the supply of scrap metal between the Plaintiff and the seller of the trade name “I” operated by G (one name H). Thus, even if the Defendant received the scrap metal from others, he did not have any intent or ability to normally supply the scrap metal in the above I’s second body.
Nevertheless, on November 22, 2007, the Defendant made a false statement to the victim K that “I will supply the scrap metal of KRW 30 million to KRW 700,000 per month each month for the next one year, if I want to supply the scrap metal of KRW 30,000,000 to the victim K for the future,” from the victim K on November 23, 2007. On December 12, 2007, the Defendant transferred KRW 5,00,000 from the victim K for the down payment, and acquired KRW 30,000,000 from the victim L who wishes to receive the scrap metal jointly with the said K on December 12, 207, by receiving KRW 25 million on the same day from the victim.
2. The Defendant,
A. In collusion with M on September 29, 2009, PO located in Daegu Seo-gu N is merely a means for the Defendant to repay the obligation owed to M, and even if the victim D and E were to pay money to M, the Defendant did not have any intent or ability to deliver scrap metal or to pay the money, but the above victims have no intention or ability to deliver the scrap metal or to pay the money. However, if M lent KRW 10 million to M by not later than October 5, 2009, M made a false statement to the said victims.