A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 201, 201, the Defendant made a false statement to the victim D, stating that “The Defendant would be supplied with all of the volume of the 100,00 tons by the Company, with the knowledge of the president of the Company, “the name of the Company,” which is located in the Daean Corporation,” at the office of sound equipment operated by the Defendant in Mapo-si C, Mapo-si. In order to do so, the Defendant would pay the Company security deposit.”

However, the above company did not have demanded the above security deposit to the defendant, and the defendant was at the time liable for personal debt of about KRW 100,000 without any particular property or income, and thus, he was thought to be used for the repayment of personal debt. Even if he received money from the victim, he did not have the intent or ability to supply the victim with scrap metal of 10,000 tons per year through the customer.

Nevertheless, as seen above, the Defendant, as well as the receipt of KRW 2 million from the victim to the post office account under the name of the Defendant on December 31, 2011, by deceiving the victim as above, received a total of KRW 29.7 million from the above date and time to March 29, 2012 under the same name, as indicated in the attached Table of Crimes, as well as the transfer from the victim to the post office account under the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A written confirmation of details of deposit and withdrawal transactions and a detailed statement of transactions;

1. Application of Acts and subordinate statutes to a criminal investigation report (F phone recordings of the statement of a reference witness), investigation report (to conduct G phone recordings of a reference witness);

1. Reasons for sentencing under Article 347 (1) of the Criminal Act, comprehensively including relevant provisions on the facts of crime and the choice of punishment;

1. Determination of types of crime: Type 1 (less than 100 million won) of the general fraud;

2. Determination of the scope of sentence: Basic area, six months to one year and six months (no special person shall be punished);

3. The crime of this case committed by the Defendant in the judgment of sentence was committed by deceiving the victim as if the Defendant supplied the victim with scrap metal of 100,000 tons per year.