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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is the representative director of the "C Co., Ltd." established for the purpose of the sale of bio-fuel manufacturing device, animal oil processing and sales business, etc.
On November 1, 2013, the Defendant entered into a contract for the lease of one freezingr owned by the victim D from the victim D to KRW 385,000 each month, and received the delivery of the freezingr.
However, the defendant did not have the intention or ability to pay the rent even if he leases the freezing to the victim.
Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) leased the said freezing container from the victim; and (c) did not pay rent of KRW 10,115,00 to February 2, 2016 at the above C plant located in Chungcheongnam-gun, Chungcheongnam-gun; and (d) did not acquire the pecuniary benefit equivalent to the same amount.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness D;
1. Terms and conditions of the lease contract for freezing, C rent claim, and settlement [the defendant and the defense counsel did not have the intent or ability to pay rent, but attempted to purchase the leased freezing container from D, but only did not have the ability to pay rent due to fire to the company operated by the defendant in the course of the process of the adjustment of the difference in the sale price. Thus, the defendant did not have the intent to defraud the vehicle.
The argument is asserted.
According to the evidence, the defendant did not pay the rent only once after the freezingr lease, the defendant had a freezingr purchase consultation with D, but the defendant did not actually purchase and did not pay rent in the course of the consultation. The defendant demanded the amount excessively high, and the purchase agreement was not reached.
One of the arguments is the goods that can be claimed as a substitute for the freezing test, and the defendant is under time the freezing test of the desired price.