A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The defendant is the owner of B digging machines, and the upper limit of 40 million won is set on the above digging machines, and in order to export construction machinery, the registration of construction machinery should be cancelled first, mortgage established on construction machinery should be cancelled.

On September 1, 2015, the Defendant sold the above digging machine to the representative director F of the victim E Co., Ltd., who intends to purchase and export the digging machine at the D office located in Gosung-gun, Gosung-gun, Kim Sung-gun, the Defendant presented a construction machinery registration certificate for the above digging machine whose column of the right to collateral security is a blank space, and stated to the effect that “When the purchase price is paid for export, the Defendant would have cancelled the registration of the above digging machine.”

However, the above right to collateral security was established in the above so-called so-called so-called "right to collateral security", and the Defendant was thought to use the proceeds from collateral security established in the above so-called so-called "right to collateral security" as personal debt and living expenses, etc., so even if the victim company received the proceeds from the victim company, there was no intention or ability to cancel the registration of construction machinery for the above so-called so-called "right to collateral security".

As such, the defendant deceivings the representative director of the victim company, and is in the same month from the victim company.

2. Five million won as contract deposit, and the same month; and

8. The 40 million won was remitted to the Agricultural Cooperative Account under the name of the defendant for a balance and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each report on investigation;

1. Application of statutes on the registration certificate of construction machinery, photographs of construction machinery, contracts for secondhand machinery transactions, copies of bankbooks, register of construction machinery, fact confirmations, and details of account transactions;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act’s reasons for sentencing (opportune of imprisonment) for the crime (opportune of imprisonment).