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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

The Defendant is a person who engages in the scrap metal wholesale business in the name of “C”, and the victim D is a person who engages in the scrap metal supply business in the trade name of “E”, and the victim F is a person who engages in the business of collecting scrap metal in the trade name of “G”.

1. Around August 7, 2009, the Defendant against the victim D, at the E office, a high withdrawal company for the operation of the victim D (the age of 65) located in Ha (the age of Ha), saying, “The Defendant would continue to provide scrap metal if he/she borrowed money, and would repay the money to the Defendant at the bank interest rate until July 31, 2010.”

However, even if the defendant company was not operated properly at the time and the above money was used for the purpose of paying living expenses and goods, there was no intention or ability to supply the money to the victim and to repay the principal and interest.

The Defendant received 20 million won from the victim to the corporate bank account (I) account in the name of the Defendant on the 8th day of the same month.

2. On February 23, 2010, the Defendant against the victim F: “Around February 23, 2010, the victim F (n, 39 years of age) concluded that “When advance payment is made, the Defendant would purchase scrap metal from (i) SPC (SCC) as the primary subcontractor.”

However, even if the defendant company was not operated properly at the time and the above money was used for the purpose of paying goods or monthly rent and lending, there was no intention or ability to purchase the scrap metal from the above company even after receiving the above money from the victim.

The Defendant received 30 million won as an advance from the victim to the corporate bank account (K) in the name of J on the same day.

Accordingly, the defendant was given property by deceiving each victim.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Each police statement made to F and D;

1. The loan certificate (20 million won);

1. Certificates of the results of electronic financial transfer, respectively;