A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal record] On March 17, 2017, the Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud at the Incheon District Court, which became final and conclusive on March 25, 2017.

[2] On October 10, 2012, the Defendant concluded the removal works from October 10, 2012 to October 31, 2012, on the part of the victim D at the site of the maintenance factory removal works located in Seoul Special Metropolitan City around October 10, 2012, and then gives the victim D the scrap metal coming from the removal works.

“A false statement” was made.

However, the fact was that the Defendant sold the scrap metal and the scrap metal in around September 5, 2012 after receiving KRW 78 million from E, and that there was no procedure to permit the removal and report the destruction of the repair plant. Therefore, even upon receiving advance payment, the Defendant did not have the intent or ability to file the scrap metal with the victim.

The Defendant received 30 million won as advance payment from the Defendant’s agricultural bank account (F) on the same day.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

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

1. A criminal investigation report (Submission of a detailed statement of account transactions with a suspect);

1. Contracts for blanket trade of scrap metal/non-ferrouss and idle facilities, each written confirmation, fact-verification, written confirmation, written payment, loan receipt;

1. A detailed statement of deposit transactions;

1. A previous conviction in the judgment: A criminal history inquiry and a report on the result of confirmation of the previous conviction before the disposition (the page 132 pages of the evidence record) (According to the following circumstances, the Defendant received money from the victim as stated in the judgment, without the intention or ability to file a complaint with the victim D, as stated in the judgment, according to which the evidence duly adopted and examined by this court can be comprehensively identified:

It is reasonable to view it.

1. The injured party shall be present as a witness in this Court and the accused shall complete the removal work for the maintenance factory as stated in the judgment from October 10 to October 31, 2012 and complete the removal work at the removal work.