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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On January 22, 2014, the Defendant made a false statement to the victim E that “The Defendant would sell the wheel wheel wheel Engine, the head of the Ka Center, and the 5 million won to the victim E from “DKa Center” operated by the Defendant in Songpa-gu Seoul.
However, the above equipment was owned by KON, not by the Defendant, but by KON, so the Defendant did not have the intent or ability to transfer the ownership of the equipment to the victim even if the purchase price was paid.
On January 23, 2014, the Defendant received KRW 5 million from the damaged party to the account under the name of the Defendant.
Accordingly, the defendant acquired financial benefits by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal testimony of witness E;
1. The contract for the lease of equipment [the defendant and his defense counsel did not deceiving the victim, did not intend to commit the crime by defraudation, and denied the crime, but according to each of the above evidence, it can be recognized that the defendant concealed the ownership of the above equipment to the victim and committed as if he had the right to dispose of the above equipment, and it is insufficient to recognize that the ownership of the above equipment belongs to the defendant only by the termination clause of the contract under the lease contract for the above equipment, in light of the fact that it is insufficient to recognize that the defendant belongs to the ownership
1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;