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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.
Reasons
Punishment of the crime
1. On January 3, 2013, at the office of the E company in charge of the victim D’s operation located in the Gangseo-gu Busan Metropolitan City, the Defendant concluded on January 3, 2013, that “The victim was a froring machine in the G company located in the F G company located in the city of light, the 1st, the 1st, the 1st, and the 6st st st st 6th st st ec., the Defendant was a public auction.”
However, in fact, the above factory machinery is equivalent to 5.7 billion won when it comes to an auction for land and buildings and the minimum bid price. At the time, even if the defendant receives money from the victim because the person who will purchase the above factory site and buildings and the above factory machinery was not secured at all, he did not have the intention or ability to sell the above factory machinery by winning the bid for the above 450 million won.
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the Agricultural Cooperative Account in the name of H on the same day and acquired it by fraud.
2. On January 8, 2013, the Defendant believed that the award of the contract for the above factory machinery is being carried out in good condition at the office located in Busan, the Defendant, without authority, pursuant to the title “Agreement” in the form A4 using a computer, for the purpose of exercising the right, agreed to purchase the above amount: “The name: 1string machine, 1string machine, 1string air, 6string address: 6string city: 1string city: 1string machine, 450,000,000 won (Won 450,000,000), and the above name will be purchased at the above amount. The 6string of the above machinery facilities shall be sold first to the factory building owner, and the amount shall be agreed upon. The agreement shall not be returned to 30,000,000,000 won from the agreed on January 8, 2013 and shall not be returned to 30,013, M.K.