Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for eight months.

, however, from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendant

B is the representative director of corporation D, and Defendant A is a person who has established and operated E around March 2015 while working as D's factory site from April 2014.

In order to raise operational funds as D’s financial deterioration, the Defendants pretended that D would have completed the punch ACRS-255 mechanic (hereinafter “the instant machinery”) from D around January 30, 2015, and concluded a false sales contract as E would have purchased the said machinery from D. After E entered into a double lease contract with the victim Korean Capital Co., Ltd., in the name of E, with the payment of the sales amount.

Accordingly, at the D office located in Pyeongtaek-si F around August 13, 2015, the Defendants made a false statement to the employees in charge of the name in the victim Korean Capital Co., Ltd. at the D office that was located in Pyeongtaek-si F, the Defendants made a false statement.

However, in fact, D was not the owner of the instant machine, and the Defendants prepared a false transaction agreement between D and E, and the instant machine was intended to continue to use D.

As a result, the Defendants conspired to induce the victim as above and received KRW 75 million from the injured party as the sales price around August 13, 2015.

Summary of Evidence

1. The defendants' statements in the first public trial protocol

1. Statement of the police statement related to G;

1. Investigation report (the phone call of the staff member in charge of capitalization);

1. Application of Acts and subordinate statutes to a lease contract copy, a copy of a mechanical sales contract, and a statement of account transactions;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. The defendants' reasons for sentencing under Article 62-2 of the Criminal Code of the community service order are not so big that they acquire by deceit, so they choose a sentence of imprisonment, and they are in the sentencing guidelines.