A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On October 1, 2004, the Defendant, at the office operated by the victim D in Daegu-gu, Seocheon-gu, Daegu-gu, as a managing director, made a false statement to the said victim, “The Defendant would make a scrap metal coming from the Damcheon-do, Simcheon-si, as it would bring about a scrap metal coming from the Domix Factory Removal Work.”

However, at that time, the defendant was not a managing director of the above F, and there was no fact that F entered into a contract with F to remove the above mixing factory, and there was no fact that construction was conducted for the removal of the above factory, and even if he was paid money from the victim with considerable debts, he did not have the intent or ability to reduce the scrap metal following the removal of the factory.

Since then, the Defendant, by deceiving the victim as such, received from the said victim a total of KRW 1 million around the 9th day of the same month, including KRW 2 million around the 12th day of the same month and KRW 3 million from the removal work.

Ultimately, the Defendant was provided property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness G or D's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Protocol of the prosecution against G, and protocol of the police statement against D;

1. Each investigation report (investigative records 47,65 pages);

1. The name of the F Stock Company;

1. Copy of the corporate register of a capital company or H/D corporation register;

1. Application of the Acts and subordinate statutes of a complaint, removal contract, copy of passbook, and payment note;

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

1. Article 62 (1) of the Criminal Act on the suspended execution (Calculation of the amount of damage);

1. Probation and community service order under Article 62-2 of the Criminal Act;