However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

On September 16, 2013, the Defendant was sentenced to one year of imprisonment, three years of suspended execution, and five million won of fine for a violation of the Management of Mountainous Districts Act by this court, and the said judgment became final and conclusive on April 11, 2014.

The defendant is a person engaged in civil engineering business, and the victim C is a person engaged in heavy equipment business, such as softer, and he is known to each other through introduction.

On August 2013, the Defendant called the victim C by phoneing the victim C, and falsely concluding that “Dump trucks, pocles shall be put into Gyeonggi-gu D, E, F, G construction sites, etc. and shall be carried out to transport earth and sand at the end of each month, and the price shall be settled at the end of each month.”

However, the Defendant did not have any special property at the time and did not have any intent or ability to pay the cost of equipment at the end of each month even if the Defendant borrowed equipment from the victim due to the occurrence of bonds.

As above, the Defendant: (a) by deceiving the victim; (b) had the victim take a dump truck and soft machine from August 28, 2013 to November 26, 2013; (c) had the victim transport earth and sand at the construction site designated by the Defendant; and (d) obtained pecuniary benefits equivalent to the amount of KRW 15,30,000 in a manner that does not pay the equipment cost.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. C Minister of Trade;

1. An investigation report (to hear statements at the I Call of Witnesses) and an investigation report (to hear statements at the C Call of Witnesses);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records, investigation reports, etc.;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The latter part of Article 37 of the Criminal Act and the main sentence of Article 39 (1) of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act (recognating favorable circumstances among the reasons for sentencing below) is that the defendant has committed a crime and monetary damage to the victim.