A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On November 2, 2010, the Defendant displayed the Victim D’s “E” office operated by the victim D in the Hanam-si, Chungcheongnam-si, with the victim’s G (E), and as a result, the Defendant sold KRW 37 million to the Defendant’s bank account in the name of the Defendant, “the construction machinery that was entrusted for sale at the government branch of the Dub Infrastructure Co-operation, which is KRW 37 million. Once deposit is made as down payment, the remainder will be deferred for a fixed period of time.” On the other hand, the Defendant transferred KRW 13 million from the victim to the national bank account in the name of the Defendant.

However, since the above excavation machine was not a machine that the defendant received a request for sale from the government branch in the 2000 Infrastructure Co., Ltd., the defendant did not have the right to sell the machine to others, and there was no intention or ability of the defendant to transfer ownership to the victim by acquiring the above machinery disposal right

Accordingly, the defendant deceivings the victim, thereby deceiving 13 million won.

2. On November 15, 2010, the Defendant: (a) at the Pool restaurant in which it is difficult to identify the trade name in Kimpo-dong, the Defendant: (b) “Around November 15, 2010, the Defendant purchased a refacing machine with the money and scrapped it; (c) if the Defendant borrowed the down payment of KRW 3 million; (d) paid the money with the money; and (e) paid KRW 3 million with the money received as the payment for the scrap metal; and (e) was remitted from the victim to the Defendant’s bank account in the name of the Defendant’s bank account.”

However, the defendant did not have entered into a contract for the purchase of the flag, and there was no intention or ability to pay the flag to the victim with the repayment of the flag and the return of the flag.

Accordingly, the defendant deceivings the victim and defrauds 3 million won.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement law to D;

1. Relevant Article 347 (1) of the Criminal Act (Options of Imprisonment) concerning the facts constituting an offense;