A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

The Defendant is the representative director of C Co., Ltd. (hereinafter referred to as “C”).

On March 9, 2015, the Defendant displayed a sales contract for scrap metal of approximately 3,00 tons at the 2nd floor conference room of the victim E Co., Ltd. (hereinafter “victim”) located in Seo-gu Incheon, Seo-gu, Incheon (hereinafter “victim”) to F, the vice president of the victimized company, the vice president of the victimized company, G Construction Co., Ltd. (hereinafter “G Construction”) and about 3,000 tons of scrap metal at the H located in Seo-gu, Incheon, Seo-gu, Incheon (hereinafter “Seoul”), while allowing the victimized company to die at least 3,00 tons of scrap metal located in the field of the above site.

In accordance with the contract with the above G Construction, the amount of KRW 300 million is required to be deposited into the G Construction as advance payment, and the damaged company received KRW 300 million from the National Bank account at around 16:06 of the same month.

However, at the same construction site at that time, the scrap metal (fivem or less) is merely about 1,00 tons, and the above scrap metal sales contract was affixed and sealed by the defendant to another scrap metal business operator who is the head of G Construction to show that the defendant secured the scrap metal in the above site and had no intention to deposit the advance payment under the contract into G Construction, but it was possible to purchase the said F by processing the materials such as the sn beam beam at the above construction site, and by deceiving the victim company to purchase at least 3,00 tons of the scrap metal.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F, K and J;

1. Determination on the assertion of the defendant and his defense counsel in a sales contract for scrap iron and an advance payment transaction contract

1. The gist of the assertion is that the Defendant received advance payment of KRW 300 million from the victim. However, the Defendant purchased scrap metal from G Construction since 2010 at the site of G Construction, and actually he/she he/she he/she he/she he/she he/she he/she he/she he/she he/she he/she he/she stockpiled at the site of at least 3,00 tons of scrap metal at that site.