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

Punishment of the crime

On February 2, 2014, the Defendant, as a person engaged in dump truck sales business, stated that “A victim C, a dump truck exporter, who is a serious dump truck exporter, will promptly register the cancellation of a vehicle so that the export of the dump truck does not interfere with the dump truck.” The Defendant sent a vehicle registration certificate and a vehicle photograph.”

However, the defendant did not have an intention or ability to deliver the truck even if he receives dump truck sales proceeds from the victim in excess of his obligation, such as not paying other heavy truck installment payments purchased by the defendant at the time.

Nevertheless, the Defendant, as seen above, received transfer of KRW 13 million, around March 1, 2014, and KRW 38 million around March 3, 2014, from the above date and time point of view, to the Agricultural Cooperative Account in the name of E (F) used by the Defendant for the purchase price of 2008 D dump truck from the victim, and received KRW 51 million in total from the victim.

4. By the time of July, 17, a total of KRW 245 million was remitted from the purchase price of six dump trucks as shown in the annexed list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (the investigation of the owner of construction machinery and the other party of a lending company), investigation report (the confirmation of the G dump truck borrower phone);

1. A registration certificate of construction machinery and a letter pen;

1. Application of Acts and subordinate statutes concerning respective details of transactions and E account transactions;

1. In the case of causing serious damage to the victim in the aggravated area (2 years to 6-6 years) (2) [2 years to 6 years] of the aggravated area (2 years to 50 million won or more) (2 years and 6 years), the pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act regarding the criminal facts, the reason for sentencing of the choice of imprisonment [the scope of recommending punishment], and the reason for sentencing of the sentence [the punishment], where the defendant did not secure the right to the truck to be actually sold (the decision of sentencing], the defendant acquired the victim the sum of KRW 245 million from the victim six times without securing the right to the truck to be sold,