A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

The defendant is a person who manufactures automobile parts and operates a factory for sale under the trade name of "C".

On December 29, 2014, the Defendant purchased four public works machinery, such as 110 tons presses a national day, from E Company, at the “C” office located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, and entered into a contract for facility leasing (lease) between the victim C and the lessee Co., Ltd.

The content of this article is “4 parts of the above factory machinery”, “95,00,000 won”, “95,00,000 won” and “3,453,600 won” from January 25, 2015 to December 29, 2017, and “3,453,600 won” as security, and three parts of the factory machinery, including Seoul presses 250 tons owned by the Defendant as security.

However, the Defendant did not have the intent or ability to pay the lease price promised even after concluding the above lease contract with the victim company. The public machinery, which was offered as security at the time, was already offered to the company as security on October 15, 2013, and did not notify the victim company of such fact even though there was little collateral value.

The Defendant, by deceiving the victim as such, received four copies of the official machines equivalent to the sum of KRW 95,00,000,000 from the victim company's name and non-standing employees, and acquired pecuniary benefits equivalent to that amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A complaint;

1. Application of Acts and subordinate statutes on transfer security contracts;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1)

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;