A defendant shall be punished by imprisonment for not less than eight 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. Around May 2013, the Defendant, against the victim C, made a false statement to the victim C (the 31-year-old) of the D Daegu District President, an exporter of a vehicle, stating that “The Defendant would transfer the vehicle price to the victim C (the 31-year-old age-old) so that it can be exported by shipping the vehicle price to one strawet strings of the D Daegu District.”

However, the defendant thought that he will receive money from the victim to use his other debt repayment, and even if he purchases a car with the money, he did not intend to transfer the right to the victim by arranging the legal relationship so that the victim can export it.

The Defendant received 35.8 million won from the victim to the Japanese bank account in the name of the Defendant E in the name of the Defendant for the purchase price of vehicles on the 16th of the same month.

2. The defrauded against the victim F is the Busan District President of D who carries on the vehicle export business.

On May 24, 2013, the Defendant stated that “B shall be the representative of “B.” D with the annual deposit to be granted to Daegu branch office, which shall be KRW 25 million.”

However, in fact, the defendant was not the representative of D, another person was already operating D Daegu branch, and the money received from the victim was thought to be used for the defendant's personal debt repayment, and there was no intention or ability to grant D Daegu branch office to the victim.

The Defendant, by deceiving the victim as such, received KRW 25 million from the victim to the Japanese bank account in the name of E on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and F

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62(1) of the Criminal Act (Article 62(1)1.