A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[Attachment] On November 29, 2013, the Defendant was sentenced to imprisonment with prison labor for six months with prison labor for each of the victims B and C of the case, and the judgment was finalized on December 7, 2013. On February 11, 2015, the judgment was finalized on February 24, 2015.

【Criminal Facts】

The defendant is a person who trades used industrial machinery.

Around July 2012, the Defendant made a false statement to the victim F and G with the purport that “The Defendant would sell the machinery at once back to 38.5 million won.”

However, even if the Defendant was sold with the above machinery, it was thought that he was to use the said machinery as an individual for the said money, and accordingly, the Defendant did not have any intent or ability to pay to the victims the full amount of KRW 38,50,000,000,000,000,000 to be paid to the victims, even though he received the said machinery from H, which was to purchase the said machinery from the Defendant on July 9, 2012, and KRW 14,00,000,000,000,000 from July 23, 2012.

Nevertheless, around July 23, 2012, the Defendant paid 18 million won out of 38.5 million won to the victims in the above E, and received the said machinery.

For this reason, the defendant was informed of the victims and received property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of F in the suspect examination protocol of the accused by the prosecution;

1. The police statement concerning F;

1. A letter, etc.;

1. A detailed statement of a machine sales contract and machine repair;

1. Each specification of transactions;

1. Each report on investigation;

1. Previous records: Criminal records, investigation reports, search records of each consolidated case, and application of respective Acts and subordinate statutes of the judgment;

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

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