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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On May 12, 2012, around May 12, 2012, the Defendant ordered the victim C to perform the removal works at the coffee shop located in Yongsan-gu Seoul, Yongsan-gu, Seoul. The Defendant already paid KRW 150 million in advance for the said removal works, and the remainder of KRW 200 million in Jeju, would be paid half of the non-ferrouss coming from the said D removal works site. Accordingly, the Defendant may collect the 40 tons of the non-ferrouss from the said removal works site, and if the 40 tons are not collected, it would make it possible to collect the insufficient quantity at another site.”
However, the fact is that the defendant already received KRW 150 million from F and received half of the non-performance from F to F, and that F first gave F the right of collection of the non-performance amounting to KRW 150 million to KRW 150 million. Thus, F cannot collect the non-performance amount until before the collection of the non-performance amounting to KRW 150 million. Therefore, if the non-performance amounting to KRW 150 million is less than expected, the victim did not notify the victim even though the damage was high, and even if the victim failed to collect the non-performance amount of KRW 40 tons, there was no intention or ability to collect the shortage amount at another site.
Around May 15, 2012, the Defendant: (a) by deceiving the victim by the foregoing method; and (b) transferred KRW 200 million to the Suwon Cooperative Account (H) in the name of the above E representative on the part of the injured party.
2. On May 23, 2012, the Defendant: (a) around May 23, 2012, at the site of the D Removal Construction Work, the Defendant: (b) caused the defective victim C to collect the scrap metal from the said construction site in accordance with the said D Removal Construction Work Agreement; and (c) obstructed F from withdrawing the scrap metal from F to the outside of the construction site due to the failure to give the said money.