A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On December 9, 2010, the Defendant was sentenced to the suspension of the execution of six months of imprisonment for embezzlement at the Changwon District Court on July 29, 201, and the judgment became final and conclusive on July 29, 201, and on December 26, 2012, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Changwon District Court Msan Branch Branch on May 10, 201, and the judgment became final and conclusive on May 10, 2013.

The defendant is a person who operates D Co., Ltd. in Kimhae-si.

Around September 14, 2009, the Defendant concluded a contract for the supply of scrap metal with the victim E at the above D office, and concluded a false statement on the said D office stating, “As there exists scrap metal generated from the processing of products in D, the Defendant would first pay KRW 200 million in advance at 50% per month in the scrap metal every month. In addition, the two parts of the flasma cuter established in the company are worth property value equivalent to KRW 250 million per head arms, and thus, if the pledge is established during the above cutting period, the Defendant would set up a pledge right.”

However, the Defendant entered into a contract for the supply of scrap metal with G operating “F” and another person, including the amount equivalent to KRW 280,000,000,000 for advance payment, and KRW 300,000,000,000 for advance payment, and the Defendant did not have any intent or ability to supply scrap metal according to the promise even if he/she received advance payment from the victim. There was no time or ability to return the advance payment to the victim because there was no real estate or property that can be commercialized with the monthly company operation expenses, wage payment, etc., and there was no intention or ability to return the advance payment to the victim. Since the Defendant did not pay the lease fee for the said cut machine at the time of setting the pledge right to the victim, there was no intention or

Nevertheless, the Defendant deceiving the victim as above and immediately received 200 million won from the victim to the new bank account under the name of D Co., Ltd. as an advance payment.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

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