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

Punishment of the crime

On April 30, 2012, the Defendant, who was engaged in the employment of local bonds, concluded a false statement to the victim in the E-owned office operated by the victim D in the Seocho Kim Jong-si, stating, “In order to collect and transport earth and sand, the Defendant shall operate a sowing machine and dump truck, etc. on credit to be used in the construction equipment, and the price shall be paid by receiving the price of soil and sand supplied from (ju) construction to May 30, 2012 after receiving the price of soil and sand supplied from (ju) construction.”

However, the Defendant had no choice but to remove earth and sand within the area subject to permission from the outside even if the period of permission expires for gathering earth and sand, and there was no benefit from collecting and selling earth and sand since additional usage fees are scheduled to be paid to the props within the area subject to permission. Therefore, even if the Defendant received the transit from the victim on credit, there was no intention or ability to pay it up to the date of promising the payment.

On April 15, 2012, the Defendant received from the victim the sale price of Hump truck, which is 280,350 literss, from the victim, from the time to May 11, 2012, the Defendant acquired 12,760 liters via 23,923,060 won in total, as shown in the attached crime list, from the time to May 11, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (Attachment, such as a written confirmation of full payment of earth and sand price);

1. Application of Acts and subordinate statutes of Chapter 2 to the place of transaction, note sheet (payment undertaking), confirmation document (payment of price for soil and sand delivery), receipt;

1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) of the choice of punishment, the reason for sentencing of sentence [the decision of punishment] in general fraud [the reason for sentencing of sentence], and types 1 (less than KRW 100 million] [the special person] - the mitigation element: dolusent intent.