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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 2014, the Defendant concluded a contract with the victim C for the lease of equipment by stating that “Around July 2014, the Defendant would undertake the construction of the South Sea-Hab National Highway.” The Defendant leased Poke equipment to the said construction site without molding KRW 12 million per month as the prime equipment rental fee.”
In such a situation, the Defendant paid the victim the cost of equipment for the construction site of the National Highway from the National Land Management Office at the end of December 2014 to the victim’s house of the victim C, 105 Dong Dong-dong 901 at the time of Jinju on October 20, 2014, and the construction has not been paid by the Corporation.
In addition to the rent for monak equipment, the additional amount of KRW 25 million is to be deposited from the National Land Management Office. Therefore, the false statement was made that the purchase of the vehicle by installment would pay KRW 25 million in return for the purchase of the vehicle by installment.
However, the Defendant did not have ordered the extension construction of the national highway at the time. The Defendant did not have any intention or ability to pay KRW 25 million to the victim even if he did not receive the equipment rent of KRW 12 million per month and the additional cost of KRW 25 million from the National Land Management Office.
Nevertheless, on November 6, 2014, the Defendant: (a) had the victim purchase at a high-speed trading complex near Ansan-si with a market price of 23.4 million won in the name of the victim; and (b) received delivery of the said vehicle.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the prosecution against C;
1. Application of Acts and subordinate statutes to the motor vehicle registration ledger and the specifications of modern Capitals;
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. Article 62(1) of the Criminal Code of the Suspension of Execution (which acknowledges and reflects his/her mistake, and which is obtained by deceit to the victim shall be delivered and added.