A defendant shall be punished by imprisonment with prison labor for four months.

Punishment of the crime

On August 9, 2012, the Defendant was sentenced to imprisonment with prison labor for two months as a crime of fraud and six months as a crime of embezzlement in the Daejeon District Court's Incheon District Court's Branch. On February 22, 2013, the said judgment became final and conclusive.

On April 201, 201, the Defendant made a false statement to the effect that “D” in the “D” room of the Defendant’s operation in the Gangnam-gu Seoul Special Metropolitan City, Yandong-gu, the victim E was “I wish to get out of the air, annoying, and going beyond the air.” The computers purchased from the air, which is purchased from the air, and will go beyond the air, along with the computer, if the computer cost of KRW 50 million is the prime place.”

However, in fact, the defendant was leasing the above computer from the Korean Mar. 1, 200, and was thought to use the computer price received from the victim to pay the personal debt, etc., and did not have been planned to use the money for the purpose of paying lease fees or acquiring the ownership of the computer, so even if receiving the money from the victim, there was no intention or ability to legally transfer the computer to the victim

The Defendant received 43 million won, including KRW 3 million from the victim on April 11, 201, KRW 37 million on or around the 15th of the same month, and KRW 3 million on or around May 6, 2012.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Part of the statement E in the second police interrogation protocol against the accused;

1. A siren contract;

1. A real estate sales contract;

1. Receipts:

1. Photographs;

1. Each report on investigation;

1. Determination as to the defendant's assertion of criminal records

1. The summary of the argument is that the Defendant knew at the time of sale that the computer was leased to the victim, and there is no fact of deceiving the victim as stated in the facts charged.

2. The following circumstances acknowledged by the evidence revealed earlier, and the Defendant did not state in the sales contract the phrase that the instant computer is a leased object.