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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 of the final judgment.
Reasons
Punishment of the crime
1. On January 8, 2014, the Defendant made a false statement to the victim C who operates F in the “E Company” in the “E Company’s operation of the Defendant in Changwon-si, Changwon-si, Changwon-si, the Defendant sold 30 tons of scrap metal from the E Company every month to F, and the price is offset by advance, and the contract for construction in an amount equivalent to KRW 3.4 billion has been concluded on an annual basis.”
However, the defendant was ordered from the main mining operations at the time, but all of the main raw materials provided in the main mining operations and brought a large amount of scrap metal generated after cutting back in the main mining operations. The defendant brought about only a small amount of scrap metal less than 10 cm, which was less than 10 cm per month, and the amount of generation was less than 1 ton per month, and there was no other work of scrap metal, and there was no other work of construction contract equivalent to 3.4 billion won.
The Defendant, by deceiving the victim as above, received KRW 40 million from the victim through the Agricultural Cooperative (G) account in the name of the Defendant.
2. On January 9, 2014, the Defendant made a false statement to the said victim C by telephone, stating that “If the purchase price of non-ferrousd materials is urgently required, but only 20 million won is lent, it shall be repaid without the mold until the end of the month, and the scrap metal generated after the non-ferrousd work will be supplied without compensation as interest.”
However, as the E company operating the defendant failed to pay the factory rent, electricity rent, and employee pay due to the shortage of operating funds, the defendant attempted to use the above money as the factory operating expenses. Ultimately, even if he borrowed the money from the victim, he did not have the intention or ability to use it as the actual purchase price of non-ferrousd materials or to pay it until the agreed date.
The Defendant is as above.