The punishment of the accused shall be determined by a year of imprisonment.

Punishment of the crime

The defendant is a person who has been engaged in construction machinery rental business under the trade name of "E" with D in the wife population C.

On May 18, 2015, the Defendant posted an advertisement stating that the Defendant sold a 2014-type digging locker on the Internet website on the Internet website, and then reported the advertisement, and decided to sell KRW 124,00,000 to the victim G who contacted with the Defendant for the purchase price of KRW 124,00,000. On May 18, 2015, the Defendant transferred KRW 24,000 to the new bank account under the name of the Defendant as the down payment.

On May 21, 2015, the Defendant concluded a construction machinery sales contract with the victim on May 21, 2015, and concluded a construction machinery sales contract with the victim, the Defendant concluded a false statement with the purport that “(i) the victim purchases and establishes a mortgage by obtaining installment loans from the victim’s capital, and (ii) the balance of loans to be repaid to the company that is currently KRW 104,375,741, and (iii) the total amount of KRW 135,000,000 (including surtax 11,000,000) is sent in lump sum as a temporary payment, the Defendant would make a false statement to the effect that the Defendant would repay the total amount of installment loans remaining in the company that is set up in the sofacing period and resolve all of the mortgage established in the sofac.”

However, even if the defendant received the purchase price from the victim, he was thought to use it as living expenses, credit card payments, gambling funds, etc., and there was no intention or ability to cancel the mortgage established in the H mining season.

On May 21, 2015, the Defendant received a total of KRW 111,00,000 from the said new bank account under the name of the Defendant on the pretext of the balance and the expenses for termination of mortgage.

Accordingly, the defendant was delivered 11,00,000 won by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A complaint filed by G;

1. Each certificate of transfer of construction machinery, each copy of passbook, construction machinery registration certificate, business registration certificate, notes of each fund user, detailed statement of transactions of self-reliance deposits, statement of deposit transaction records, construction machinery register, and construction machinery register;