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 November 28, 2015, the Defendant driven C truck with approximately two meters of alcohol level 0.186% while under the influence of alcohol level 0.186%, without obtaining a driver's license, on the front of the Yacheon-dong, Yacheon-dong, Seoul Special Metropolitan City on November 28, 2015.

On July 31, 2014, the Defendant concluded that “Around 2016, the Defendant purchased three Dongs, machinery, and scrap metal of the E-factory, a closed factory, to G, the representative of the aforementioned factory,” and that “A false statement was made to the victim F, who purchased three Dongs, machinery, and scrap metal of the E-factory, a closed factory, to the extent that the purchase price for the said building 3 Dongs, machinery, and scrap metal would be KRW 60 million.”

However, in fact, the Defendant did not definitely purchase the above factory, etc. from the above G, and the price for the above factory, etc. was unclear. Since it was difficult at the time to purchase the above factory, etc. normally due to financial difficulties, it was difficult to sell it again to the victim. Therefore, even if the Defendant received the purchase price from the victim, he did not have the intention or ability to sell the above factory

The defendant deceivings the victim as above, and was remitted to the criminal defendant's name the amount of KRW 20 million as the down payment on August 1, 2014.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the prosecution with regard to H;

1. Statement made by the police with regard to F;

1. A complaint and a contract for trading;

1. Notice of the result of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license) and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each penalty of imprisonment;