Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

[criminal power] On March 13, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny at the Daegu District Court, which became final and conclusive on the 21st day of the same month. On May 9, 2014, the Defendant was sentenced to two years of suspension of execution with prison labor for special larceny at the Daegu District Court Branch Branch Branch of the Daegu District Court, which became final and conclusive on the 17th day of the same month. On July 18, 2014, the Defendant was sentenced to ten months of imprisonment with prison labor for special larceny at the Daegu District Court, which became final and conclusive on the 28th day of the same month.

【Criminal Facts】

The Defendant is a person who operated a high water collection company with the trade name of “C”.

On January 5, 2013, the Defendant would remove the 2nd floor building to the victim E from the double direction of the victim E located in Busan-si, and bring the scrap metal from the construction site to the construction site. On the other hand, the Defendant would bring 4.5 million won in the value of the scrap metal.

‘False speech' was made.

However, at the time, the Defendant had no intention or ability to pay the scrap value even if he brought the scrap to the victim's place of removal because it was difficult for the Defendant to take up the auction due to the difficulty of operation of C, and the Defendant was also in a difficult situation to punish the cost of living.

As such, the Defendant, by deceiving the victim, obtained a scrap metal equivalent to KRW 4.5 million from the victim and acquired it by deception.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol regarding F;

1. Each police statement of E;

1. Previous records of judgment: Criminal records, references to criminal records, amounts of dispositions, results of confirmation, and application of each statute of the judgment;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The criminal intent of defraudation, which is a constituent element of fraud, of the judgment of the criminal intent of defraudation under Article 334(1) of the Criminal Procedure Act, of the provisional payment order, is not the confession of the defendant, so long as the defendant does not make a confession, the financial power, environment, contents of the