A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

"2016 Highest 4039"

1. On August 28, 2015, the Defendant: (a) purchased a vehicle from the victim D’s store located in Yangcheon-gu Seoul Metropolitan Government and the first floor on August 28, 2015; and (b) purchased the vehicle if the Defendant borrowed KRW 54 million from the purchase price for the vehicle involved in the accident, and then repay KRW 57 million again.

“A false statement” was made.

However, the facts revealed that the Defendant was liable for the amount of KRW 150 million at the time, and that the Defendant was willing to use the vehicle sales proceeds to pay his personal debt, so even if he borrowed money from the damaged person, there was no intention or ability to change it to the victim.

Nevertheless, on August 11, 2015, the Defendant, by deceiving the victim, obtained 5 million won from the victim, using the Agricultural Cooperative Account (Account Number F) in the name of the Defendant, and acquired 49 million won from the same account around August 28, 2015, respectively.

2. On November 4, 2015, around November 4, 2015, the Defendant: (a) purchased a vehicle with a loan of KRW 27 million to the victim at the place described in paragraph (1) around November 4, 2015; (b) purchased the vehicle from the victim at the location described in paragraph (1); and (c) subsequently, sell the vehicle with the principal and profit of KRW 33 million.

“A false statement” was made.

However, in fact, the Defendant was liable for the amount equivalent to KRW 150 million at the time, and the Defendant was willing to use the vehicle sales proceeds for performing his personal obligation, so even if he borrowed money from the damaged party, there was no intention or ability to change it to the victim.

Nevertheless, on November 4, 2015, the Defendant, by deceiving the victim, received 27 million won from the victim to the Agricultural Cooperative Account as stated in paragraph (1) as the borrowed money from the victim, and acquired it by fraud.

The Defendant of “2017 Highest 1710, the Defendant,” in the name of the victim’s merts Capital Co., Ltd. and his father H, whose name cannot be known at a place unknown on March 16, 2015, shall be the victim’s capital worth KRW 27.5 million in the market price owned by the victim’s company.