A defendant shall be punished by imprisonment for not less than two months.

Punishment of the crime

The defendant is the air-conditioner installer.

On October 11, 2014, the Defendant may install the Victim X, who wishes to install two air-conditioners at the “WW” shop in Masung City on October 11, 2014, at 40 square-type 40 square-type 30 square-type 30 square-type 30 square-type 8 square-type 7 square-type 7 square-type 5 square-type 7 square-type 5 square-type 5 square-type 2.

The air conditioner will be supplied until October 23, 2014 at the prime place of the down payment of KRW 10 million, and the installation will be completed within two to three days.

“.....”

However, even if the defendant receives money from the injured party, he thought that he will use the money for a purpose unrelated to the installation of air conditioners, in the past, he did not install air conditioners even though he received money from many customers similar to the injured party as the price for air conditioners, and there was no intention or ability to install air conditioners normally for the injured party, such as the fact that he did not return the money.

As above, the Defendant, as such, received the victim’s false statement, and acquired the total sum of KRW 11 million from the victim to the Saemaul Treasury account in the name of Y as the down payment, with the amount of KRW 10 million on October 11, 2014, and KRW 10 million on October 13, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against X;

1. Four copies of indictment, and four copies of the text of judgment;

1. Application of Acts and subordinate statutes on a delivery contract and a statement of account transactions;

1. Determination on the pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act concerning the issue of the choice of punishment (elective of imprisonment)

1. 피고인의 주장 피고인은 'W' 애견 샵에 에어컨 배관공사를 하였을 뿐만 아니라, 일명 ‘ 삥 처리업자 ’에게 계약금을 지급하고 그로부터 에어컨을 매수하기로 하는 등 피해자에게 에어컨을 설치해 주려고 하였으나, 갑자기 구속되는 바람에 설치를 마치지 못했다면서 편취의 범의를...