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Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
around 13:00 on October 14, 2014, the Defendant concluded a lease contract and a sales contract for the above machinery with the purport that “The Defendant obtained a license for waste disposal for the G plastic recycling plant at the Gyeonggi-si D Co., Ltd. office, and sold the machinery necessary for the disposal of waste at the factory (two for the mination machine, two for the end date, one for the fore part, one for the fore part, and one for the modern modern one) to 106,00,000 won, and leased the above factory at KRW 3,00,000 for monthly rent without a deposit, and if so, it may operate the waste disposal business at the above factory, and there may be a demand for 21,500,000 won as the first down payment for the said factory.”
However, in fact, the above factory was prohibited from disposing of the real estate price at the time of the disposal by the disposal decision on June 7, 2013, and thus, the victim was not able to operate the waste disposal business at the same time by leasing the above factory.
As above, the Defendant: (a) by deceiving the victim; (b) received KRW 21,50,000,000 in total from the victim on October 16, 2014; and (c) received KRW 20,000,000 from the victim on October 24, 2014 through the Agricultural Cooperative Account in the name of H (I).
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness F;
1. Contract for the lease of a factory;
1. A certificate of transfer confirmation;
1. Public announcement of bidding;
1. A certified copy of the register (land and buildings);
1. Application of Acts and subordinate statutes to a report on investigation (Submission of a written decision on provisional disposition);
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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. The summary of the assertion is that the land price of real estate disposal in Sung-si G, J (hereinafter “instant factory site”) and its ground factories (hereinafter “instant factory”) at the time when the Defendant entered into a lease agreement with the victim is determined to dispose of the real estate price (the Suwon District Court 2013Kada 201234, the creditor K, the debtor K, the debtor L, and M, the Defendant et al.).