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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
"2018 Highest 1151"
1. On January 1, 2017, the Defendant against the victim B, at the D office operated by the victim B located in Seongbuk-gu Seoul Special Metropolitan City, Sungnam-si, the Defendant concluded a lease contract with F Co., Ltd. with respect to E Uidi A5 automobiles, and concluded a false statement with the victim stating, “The Defendant would provide the victim with the rent of KRW 15 million out of the monthly rent of the above vehicle 1,094,480 for two years, and return the lease deposit after deducting the depreciation of the vehicle after the termination of the contract.”
However, at the time of fact, the defendant had no intention or ability to return the above deposit after two years even if he had already used at least KRW 50,000,000 per month as the sports soil gambling fund without any particular property or income, and has already received the deposit from the victim.
As above, the Defendant, by deceiving the victim as above, wired the victim with KRW 15 million on January 31, 2017, KRW 2100,000 on February 24, 2017, and KRW 300,000 on March 31, 2017 to the HB bank account under the name of the Defendant, and acquired KRW 15,00,000 in total by directly receiving KRW 8.4 million on February 1, 2017 the sales proceeds of I X-to-sports cars owned by the victim.
2. On February 2, 2017, the Defendant entered into a vehicle lease agreement with the victim J on the following grounds: (a) the victim J made a false statement on the mutual infinite shop located in Songpa-gu Seoul, Songpa-gu, Seoul; (b) the victim J concluded the vehicle lease agreement with the victim, namely, “K Pool-si is its owner’s vehicle.” (c) the contract period of which is two years, lease deposit amount of KRW 40 million, and monthly lease fee of KRW 1.1 million.
However, the above vehicle is not a vehicle owned by G, but the borrower has no intention or ability to lease the vehicle normally to the victim, and at the time, the defendant has already used 50 million won or more per month without any particular property or income as a sports soil entertainment fund.