A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, since November 2008, who actually run the FF company from around 1, 2008, told the victim H to the F office of the F company located in Seongbuk-gun G in Chungcheongnam-gun G on May 30, 2014, “The Defendant would continue to supply 100 million won deposit and 50 million won advance payment to the victim H, as it would be 50 to 60 tons of each month at our factory.”

However, since January 2014, F Co., Ltd. suffered a loss of more than 500 million won due to a sudden reduction of the order volume from Spanco LD, which is the main trading office, and was in arrears with the cost of equipment lease equivalent to 70 million won each month due to excessive investment in facilities, and even though it is an essential business for stable electricity supply, the financial situation has deteriorated, such as the failure to pay 150 million won for the three-month electricity, and the continuous operation of the company has disappeared, and even if it receives the deposit from the victim, there was no intention or ability to return the deposit when it supplies the scrap metal to the victim or terminates the contract for the supply of scrap metal.

As such, the Defendant, by deceiving the victim, received 150 million won from the victim to the account in the name of F Co., Ltd. on the same day.

Summary of Evidence

1. Court statement of the defendant (the fourth court date);

1. Each police statement made to H, I, and J;

1. Copies of the police statement to K; and

1. Investigation report (ju) and investigation report (a certificate of all the registered matters of the F and the L), investigation report (L and confirmation of scco transactions);

1. - Application of Acts and subordinate statutes of the specification of transactions.

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. The reason for the suspended sentence of Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below) is large to KRW 150 million, and considering the fact that the damage amount to the instant case has not been recovered up to now, the Defendant’s liability is heavy.

However, the defendant recognizes the crime.