Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On November 17, 2017, the Defendant was sentenced to a suspension of the execution of six months of imprisonment for a violation of the Road Traffic Act, and the judgment became final and conclusive on November 25, 2017.

On May 27, 2014, the Defendant made a false statement to the effect that “The Defendant would sell all of the used machinery to the victim until June 27, 2014, until June 27, 2014, sell it to the victim for KRW 20 million.”

However, in fact, the defendant was planning to pay the price received by selling the above used machinery, etc. to the defendant's personal obligation, and at the time, the defendant was in arrears with taxes of 220 million won, and since the debt amount is equivalent to 16 million won, there was no intention or ability to pay the price received by selling the above used machinery to the victim.

The Defendant, as above, by deceiving the victim, was delivered by the victim with heavy machinery equivalent to KRW 20 million at the market price.

Summary of Evidence

1. Legal statement of witness D;

1. A complaint;

1. A list of cash storage certificates and used machines;

1. The credit information history (the defendant was not the criminal intent of defraudation from the beginning. However, in full view of each of the above evidence, it is sufficiently recognized that the defendant deceivings the victim as if the defendant had no intention and ability to pay the sales proceeds of used used machines of this case at the time of delivery of used machines of this case).

1. Previous convictions in judgment: Criminal records, summary of case agreement, auxiliary statements (date of confirmation), written judgments (the original district court 2017Sang3062) and application of statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, is the period of repeated crimes resulting from the crime of immigration offense.