Defendant shall be punished by imprisonment for a term of one year and four months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who actually operates D Co., Ltd. (hereinafter referred to as “D”) in Gyeonggi-do Group C.

The Defendant, at around October 2013, purchased and installed as a new product the Victim E Capital Co., Ltd. (hereinafter “victim”) at the D office, F, an employee in charge of the Victim Eth Capital Co., Ltd. (hereinafter “the Defendant”) at the D office, “The 2.5 billion won out of the total price of KRW 1.1 billion, to purchase and install the said boiler produced at H operated by G in the D factory (hereinafter “instant boiler”).

The Ethro stated that the boiler would be paid KRW 6,645,00 for 48 months on the face of lease in D, after purchasing the boiler with the burden of paying the above funds from the Ethro.

However, in fact, the boiler was already installed in D around July 2013, and on August 16, 2013, the Small and Medium Business Corporation registered the establishment of the right to collateral security in accordance with the Factory and Mining Foundation Mortgage Act with respect to the said land, and had its effect on the boiler in this case.

In addition, the actual purchase price of the boiler of this case is limited to KRW 600 million, and the unpaid balance is limited to KRW 10 million.

When the Defendant deposited KRW 250 million from the victimized Company into G account in the name of G, the Defendant was able to return it and use it as D operation funds.

At the time, the defendant and D's liabilities amount to 3.5 billion won each month to bear the interest of 25 million won each month, there was no intention or ability to pay the lease fees properly because the business performance has been proper.

On October 29, 2013, the Defendant received 250 million won as the purchase price of the boiler in this case from the victimized company to the national bank account in the name of G on October 29, 2013, and acquired it by defrauded.

Summary of Evidence

1. Defendant’s legal statement

1. A protocol concerning the examination of the police officer in G;

1. Statement made to I by the police;

1. Protocols made to the police partially before J;

1. Facility leasing contracts and terms and conditions, contracts for sale and purchase orders, orders, certificates of receipt of goods, reports on inspection of leased goods, piracy.