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Defendant shall be punished by a fine of three million won.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is the representative director of the Gwangju Mining District Co., Ltd., which manufactures and sells construction machinery, such as astronomical air.
Around July 17, 2017, the Defendant made a false statement to the effect that “The Defendant would deliver parts and registration number plates to the victim D, who purchased high-speed air in the said company at KRW 70,000,000. The registration license plate already made an application for registration assistance.”
However, in fact, in order to receive a registration number plate, it is necessary to apply for the registration of construction machinery and the issuance of a registration number plate, separate from the application for registration support, but the defendant thought that the registration number plate would not be a new issuance because the registration number plate was subject to administrative disposition, and that the defendant did not apply for the registration of construction machinery and the issuance of a registration number plate for the said astronomical air, so the victim did not have the ability or intent to deliver the registration number plate within a short period even if selling the said astronomical air.
As above, the Defendant, by deceiving the victim and deceiving him/her from the victim to the E account (F) in the name of the Defendant, to KRW 10 million around July 17, 2017, and the same year.
8.2.A remittance received on a deposit basis of KRW 70 million in total, including KRW 60 million;
It is reasonable to view that the subject of the victim’s act of disposal by deception by the defendant was remitted to the defendant the amount of KRW 70,000,000 for air price, and the defendant also recognized the above remittance facts included in the facts charged and thus, it does not disadvantage the defendant’s right of defense. Thus, without any changes in the indictment, the part that “the defendant issued only the body of the air after receiving the remittance and the registration number plate did not deliver it, thereby preventing the victim from carrying out the business using the above astronomical air, thereby causing an unforeseen loss.”
Summary of Evidence
1. The defendant's partial statement 1.1.