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

Punishment of the crime

On March 10, 2017, the Defendant entered into a loan agreement with the content that the Defendant would pay KRW 88,00,000 per month and KRW 2,247,519 per month during 48 months, and provide the said vehicle as collateral object, at the C office in Bupyeong-si, Non-si, the Defendant would make a normal payment to the non-employee of the victim D Co., Ltd. who visited the above area.

However, in fact, the above LAC was established in the so-called "YAC" form around October 2015, and most sales were generated through false processing transactions, and eventually, it did not have the intent or ability to pay the above installment even if it purchased the above construction machinery, such as closing the company around April 2017, which was the month after the contract of this case was concluded.

In such a way as above, the defendant deceivings employees belonging to the above victimized company, and caused the victimized company to pay 88,000,000 won to the seller of the above construction machinery in lieu of the Dispute Resolution Co., Ltd., and acquired financial profits equivalent to the above amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (verification of the location of the street car, telephone conversations with the owner G of the street, verification of deposit of KRW 20,000,000,000,000,000,000,000,000,000,000 won;

1. An application for goods;

1. Construction machinery register;

1. Inquiry into the enemy;

1. Account details;

1. Terms and conditions of installment transactions;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months; and

2. The case in which a person acquired a loan by purchasing construction machinery as stated in the judgment without the intention or ability to pay the sentence of sentence;