A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant, who was unable to operate the factory due to personnel accidents caused by the actual operator of the C in Gyeonggi-do, was able to look at the press machinery already installed and used in the above plant as if the Defendant newly purchased the press machinery with D, and had the Defendant enter into a lease contract with the financial institution as security.

On June 20, 2012, the Defendant: (a) prepared a written estimate, a tax contract, and issued to the staff member in charge of the victim two capitals capital stock company, and entered into a lease contract necessary for raising funds for the purchase of the said press machinery with the victim two capitals capital stock company on the same day.

However, three presses machines listed in the above quotation were already used in the above C, and were seized in the creditor F’s name on July 8, 2010, and around that time, the above C was in a situation where it was difficult to operate a normal factory due to the aggravation of income amounting to KRW 100 million. Therefore, even if the Defendant entered into a lease contract with the victim two capitals company, it did not have any intention or ability to pay the machinery price or pay the normal lease fee.

Nevertheless, the Defendant, as above, by deceiving a staff member in charge of the victim 2 Capital Co., Ltd., and was transferred from the victim 200,000 won to the No. D’s Agricultural Account (G) on June 21, 2012.

As a result, the defendant accused by deceiving the victim and defrauding the property.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of D in the protocol concerning suspect interrogation of D in the prosecution;

1. A contract for placing orders;

1. Written estimate or tax invoice;

1. Lease contract;

1. Report on attachment of corporeal movables;

1. Application of statutes governing judgment;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The Criminal Act, the suspension of execution;