A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

The Defendant is a person who has been engaged in the sales business of used machines with the trade name of “C”.

1. On December 1, 2003, the Defendant would purchase at the F Office of the Victim E, Inc., Ltd., located in Ulsan-gun, Ulsan-gun on December 1, 200, the Defendant would purchase at the victim’s 4 presses machine.

“Falsely speaking,” the parts of this case were transferred KRW 200,000,000 on December 1, 2003, KRW 100,000 on December 4, 2003, KRW 35,000,000 on December 30, 2003, and KRW 25,000,000 on January 19, 2004, to the Defendant’s account in the Defendant’s fraudulent name.

However, even if the Defendant received money under the above name, the Defendant was planned to pay the Defendant’s personal debt or purchase other machines, and thus there was no intention or ability to supply the press machine to the victim.

2. On March 30, 2005, the Defendant would purchase four of the press machines from the Japanese colonial process if he sent the remainder of KRW 100 million to the above victim at a non-permanent place.

“Falsely speaking,” it received KRW 100,000 from the injured party on March 30, 2005.

However, even if the Defendant received money under the above name, the Defendant planned to use it to purchase other machines, and thus, the Defendant did not have any intent or ability to supply press machines to the victim.

Accordingly, the defendant deceivings the victim as above, and acquired a total of KRW 300 million through two times.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement in the police statement protocol with respect to E;

1. Application of each of the Acts and subordinate statutes in relation to the details of transactions, investigation reports (Submission of a statement of deposit transactions in the name of suspect G and hearing of statements related to the details of transactions), investigation reports (Submission of suspect G account performance table);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes (legal grounds).