A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

[2012 Highest 4418] On July 15, 2011, the Defendant re-subcontracted the above construction work from AK Co., Ltd., which entered into a contract for construction works, such as removal of building AF building with AJ Co., Ltd. on or before August 10, 201, to the victim AI, who engages in the business of collecting and selling scrap metal in the trade name, even though the Defendant was not the representative of AG, and was not the representative of AG, even though he was not finally acquired the right to remove the AF building, the fact was carried out by the representative of AG, and even if he was not definitely acquired the right to remove the AF building, etc., the Defendant would be expected to start the construction work. Before around August 10, 2011, the Defendant sold approximately KRW 160,000,000,000 from the above removal site.”

As above, the Defendant, by deceiving the victim as above, prepared a sales contract for scrap metal with the victim, and received a total of KRW 30 million from the victim to the account in the name of the Defendant as a down payment.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

[2012 Highest 4513] On January 201, 201, the Defendant made a false statement to the effect that “AE was entrusted with the removal of the building of AO Co., Ltd. located in the ASEAN located in the AO, Gunsan-si, and borrowed money from the site. The Defendant agreed to be entrusted with the removal of the building of AO, Inc. located in AP located in AP in the Gunsan-si, Gunsan-si, and borrowed money from the site to the effect that it is certain to lend money to any construction of AO and Q within 2 months.”

However, there was no decision for the defendant to undertake the above construction work at the time, so the defendant did not have the intention or ability to give the victim with the scrap metal coming from the above construction site.

The Defendant, by deceiving the victim as above, received a total of KRW 100,000,00 from the victim on January 18, 201, a check and cash in front of the above AMF from the victim.