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Defendant
A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.
(2) on the date of this decision;
Reasons
Punishment of the crime
Defendant
A is a person engaged in agriculture, and Defendant B is a person who works as a service at the D Office, and the Defendants are the friendship-friendly person from the time when they became up and are aware of the economic conditions of each other.
The Defendants: (a) around August 201, Defendant A, who carried out the Cheongri Project Group, need a large number of agricultural machinery for the said project; (b) however, Defendant B, due to a large amount of debt, may be able to purchase agricultural machinery on credit from the victim E, who is a seller of the agricultural machinery, by means of a surety for Defendant A; (c) Defendant A also was able to purchase the agricultural machinery on credit from the victim by means of a surety for Defendant B; and (d) Defendant A was also able to purchase the agricultural machinery on credit from the victim by means of a surety for Defendant B; and (e) was set at the price of the agricultural machinery, and delayed payment; and (e) conspired to acquire the agricultural machinery from the victim by means of continuous use without refusing the return of the agricultural machinery.
1. On August 9, 2011, the Defendants’ co-principal Defendants made a false statement that “The Defendant would purchase G 15 tons dump trucks in KRW 39.5 million to the victim”, that “The Defendant would pay the balance of the above dump trucks by November 10, 201 when delivering them,” and Defendant B made a false statement that “The Defendant would return to the guarantor for the remainder of the obligation.”
However, in fact, Defendant A was placed in a large amount of debt and is under difficult circumstances, such as the establishment of a mortgage on the land owned by Defendant A, and even if the above dump truck was delivered from the victim, Defendant A did not have the ability to pay the balance amount of KRW 30 million to the victim. Even if the victim requested the payment of the price thereafter, Defendant A did not pay the price on the ground that the above dump truck was set at a dump truck