A defendant shall be punished by imprisonment for not less than three months.

Punishment of the crime

On April 26, 2014, the Defendant entered into a mutual influent restaurant located in Daegu Suwon-gu, and the fact that the Defendant did not have the right to remove the scrap metal that occurred after the removal work of the school located in the area of the Busan-do Highway C, but entered into a contract with the victim D with the Seoul Special Metropolitan City mining committee, which is the original director of the removal work of the school located in the area of the Busan-do Highway C.

Since it is possible to sell scrap metal generated after the removal of the school hall, it would be offset against the purchase price of scrap metal generated during the work when paying the down payment of KRW 30 million.

“A false statement of the purchase and sale contract with the victim” was concluded, and acquired 30 million won by remittance to the Saemaul Treasury in the name of the defendant on the 28th of the same month.

Summary of Evidence

1. The defendant's partial statement (limited to the receipt of money from the damaged person under the pretext as stated in its reasoning, but the purport that the defendant has the authority to do the scrap metal as stated in his/her contractual relationship with the substitute construction);

1. Each legal statement of witness D and E (for an enterprise that subcontracted the removal work of a sub-scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic

1. Among the prosecutor's office and the police interrogation protocol against the defendant, the content of the construction giving the victim a detention, the term " oral contract" with the construction of substitute with regard to the above construction, and the statement concerning the history of reversal thereof, etc.

1. A protocol concerning the public prosecutor's office or police investigation of the F (a protocol in which the details of the process of conclusion of the contract and progress thereof are consistent with the details of the victim's statement);

1. Statement made by the prosecution with regard to D;

1. Application of the standard subcontract agreement of construction business, the details of passbook transaction (in full view of each evidence in the judgment, the facts constituting the crime in the judgment are sufficiently recognized) law

1. Considering that the relevant legal provision on criminal facts, Article 347(1) of the Criminal Act regarding the choice of punishment, and the sentencing of imprisonment with prison labor appears to have an attitude to escape the criminal liability by taking into account the vindication that the sentencing of punishment is not persuasive.