A defendant shall be punished by imprisonment for six months.

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

Criminal facts

(State) The Defendant is a person who has been engaged in construction business while operating B.

On November 28, 2009, the Defendant stated that “A victim D who had engaged in the business of collecting and selling scrap metal at the construction site in Seo-gu Incheon, Seo-gu, Incheon, entered into a contract with the owner of the building under construction at the above construction site, and the owner of the building under construction at the above construction site may immediately resume the construction work within one month. First of all, the Defendant entered into a contract with the owner of the building under construction at the construction site in order to transfer the scrap metal within one month.”

However, at the time, the Defendant did not obtain the permission of the competent authority to resume construction of a building in the above site and sell scrap metal at all, and did not acquire the ownership of the above building. Since the Defendant was faced with the economic situation where he did not receive wages from his employees E, etc., even if he received the payment of scrap metal from the victim, the Defendant did not have any intention or ability to transfer the scrap metal coming from the above building to the victim within one month.

Around November 28, 2009, the Defendant, by deceptioning the victim by the above method, received 20 million won from the victim to the new bank account under one’s own name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of a credit report and an investigation report;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. It is so decided as per Disposition on the grounds that the suspended execution is more than Article 62 (1) of the Criminal Act (the points agreed with the victim);