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

Punishment of the crime

The Defendant, while operating the mechanical parts manufacturing company “D” in Kimhae-si, was in need of company operation funds, etc., and the litigation amounting to 46.5 million won at the market price, which had already been used for leasing from E, was attempted to again provide the lessee with one half of the bed criminal line and to lend money.

On June 11, 2014, the Defendant, at the above D’s office, submitted a tax invoice that the victim FFF FFFFF would be supplied with one of the above fleets and one of the above vessels from G, and concluded a lease agreement that the Defendant would pay the lease fee normally, and that the Defendant would pay the lease fee of KRW 2,443,00 each month for the above fleets and the bowling period for 36 months.

However, the Defendant had already entered into a lease agreement with the above E around October 19, 2012, and the pertinent tax invoice that the ownership of the above fleet was owned by E and did not have the right to enter into a lease agreement with the victim, and that it was supplied by G with one of the above fleets.

Nevertheless, the Defendant, by deceiving the victim as above, received 67 million won from the victim to the national bank account (H) in the above G as the price for the same day, and acquired 46.5 million won, which is a half of the above amount.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each legal statement of a witness I, G and J;

1. Statement made to K in the police statement;

1. Each report on investigation;

1. Application of a copy of a bankbook, data on account transactions, and set of statutes;

1. As to the assertion by the defense counsel regarding the pertinent legal provisions regarding criminal facts, Article 347(1) of the Criminal Act regarding the selection of punishment, and the defense counsel’s assertion by imprisonment, the defense counsel had the intent to pay the monthly rent for the future at the time of concluding the instant lease contract with the victim FF Co., Ltd.