A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On August 23, 2012, the Defendant entered into a contract with Boan Korea Co., Ltd. to purchase one set of KRW 61,600,000 at the market price from Boan Korea Co., Ltd., and paid KRW 11,00,000 in advance on August 28, 2012. On August 28, 2012, the Defendant was handed over one set of Boan Gabs in front of the above officetels.

Around September 19, 2012, the Defendant entered into an installment financing agreement with the said C on the following grounds: (a) the Defendant borrowed KRW 50,600,000 from the victim IBK Capital Co., Ltd. to pay KRW 50,60,000 in a lump sum on October 25, 2012; and (b) the remainder of KRW 45,000,000 in a interest rate of KRW 9.4% per annum; and (c) the installment period of KRW 1,128,390 per month from September 19, 2012.

However, the defendant had a debt of 20,000,000 won, and there was no intention or ability to repay the debt even if he received the loan from the victim due to the lack of any special revenue, and it was thought that the above sofacing machine was sold in cash to be used for the repayment of the debt.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 50,600,000 from the victim as a loan around September 19, 2012.

Summary of Evidence

1. Statement of the prosecutor's protocol of interrogation of the accused;

1. Statement made by the police on D;

1. Investigation report (related to attachment, such as a pre-statement of submission of a complainant or agent);

1. Construction machinery register;

1. Application of Acts and subordinate statutes, such as an application for installment financing, a contract to establish a mortgage, a copy of a bankbook, a copy of a passbook, a screen closure, inquiry into the details of past transactions, a deposit sheet, etc., and application of the aforesaid Acts and subordinate statutes, such as an IBK construction machinery collateral acquisition contract and a tea

1. The reason for sentencing under Article 347(1) of the Criminal Act, which is applicable to the pertinent provision of the facts constituting an offense and Article 347(1) of the Criminal Act.