A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On June 17, 2019, the Defendant purchased one of the main excavation machines (D) owned by the victim B and received three million won of the down payment on June 17, 2019.

On October 1, 2019, the Defendant made a false statement to the victim B by phone, stating, “If the Defendant sent an intermediate payment of KRW 31 million as he/she had talked with the owner, he/she may purchase the softener, and the payment should be made when he/she delivers the softener.”

However, on September 16, 2019, although E purchased the above digging machine through the Defendant and completed the registration, the fact was not notified to the victim. The Defendant was thought to use the money received from the victim as the Defendant’s separate debt repayment, and there was no intention or ability to transfer the ownership of the above digging machine as agreed otherwise by the victim.

On October 1, 2019, the Defendant, by deceiving the victim as such, received transfer of KRW 31 million from the victim, to another account under the name of the Defendant.

On June 2019, the Defendant entered into a contract with the victim F to sell one clater at a clater in a flateral land on June 2019, and issued the down payment of KRW 3 million, but the contract did not run properly due to the reasons on the part of the victim.

On August 22, 2019, the Defendant posted an article on the Internet “G” website, and reported the intent to purchase the article and expressed the intent to purchase the article, “If the Defendant additionally pays KRW 5 million in the amount of KRW 3 million in the name of the pre-existing down payment, he/she will transfer the ownership to the victim.

The phrase “ makes a false statement.”

However, the defendant thought that he would use the money received from the victim for an individual purpose, such as the purchase price of stocks, and there was no intention or ability to transfer the ownership of the above sofacing machine as the victim promised otherwise.

The defendant deceivings the victim and is under his control.