A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The Defendant is a person who operates a manufacturing business under the trade name “D” in Si interesting City C.

As the financial situation of D around October 20, 2015 aggravated, the Defendant would pay a certain amount of rent per month to the victim company, after purchasing D-based LCV-6 machinery within D business place, which is used in D-based business place, by the victim company, to enter into a lease contract for the said machinery.

“Falsely speaking.”

Accordingly, on October 20, 2015, the victim company purchased the above machinery from the defendant from the victim company to KRW 28,000,000,000, and for 36 months in the future, the victim company concluded a lease contract with the defendant to lease the above machinery under the condition that the defendant would pay rent of KRW 715,385 per month to the victim company. The victim company remitted KRW 15,032,095 to the IBK Bank E account in the name of the defendant as the machinery price.

However, at the time, the Defendant operated D as a hostile state, and the loan received from the lending company, such as the F lending and G lending, etc., has reached an amount equivalent to KRW 100 million, and the monthly amount of KRW 2 million has to be spent as interest for the loan, and thus, there was no intention or ability to pay rent even if the above machinery was leased from the victim company and used it.

Nevertheless, the defendant deceivings the victim as above and thereby allowed the use of the above machinery by the injured party, thereby acquiring property profits equivalent to KRW 28 million in value of the machinery.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of statutes, such as details of calculation of claims;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] of the general fraud type 1 (10 million won).