A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 27, 2012, the Defendant was sentenced to the imprisonment of eight months at the Suwon District Court for fraud, etc., and the said judgment became final and conclusive on May 4, 2012.

On January 28, 2011, the Defendant made a false statement to the victim E, “I will own NC357 machinery and sell them in KRW 64,900,000.”

However, in fact, the defendant was used by leasing and using the above machinery owned by F, but was not the owner of the above machinery, and there was no intention or ability to sell the above machinery because he was not authorized to sell the machinery.

As above, the Defendant received 64,900,000 won as the machinery price for the same day by deceiving the victim, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written agreement on a mechanical sales contract, tax invoice, balance payment statement, detailed statement of transactions, mechanical lease contract, and investigation report (written judgment No. 2012 high group, No. 1881, No. 2012 high group, No. 4088);

1. The application of Acts and subordinate statutes to criminal records, etc. inquiry reports, preliminary records, reports on the results of confirmation of dispositions, and investigation reports (previous records and confirmation reports);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. Article 62(1) of the Criminal Act suspended execution (see, e.g., Supreme Court Decision 200 million won or more out of the amount of damage, even if the victim’s assertion is made; Supreme Court Decision 200 million won or more of the amount of damage; Supreme Court Decision 200 million won or more of the amount of damage; Supreme Court Decision 200 million won as to the fact that the Defendant sold the machinery

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;