Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is a person who worked as a door-to-door delivery service provider in C operated by the victim B.

1. On June 2016, the Defendant issued the said vehicle to the victim of the C office located in Chungcheongnam-nam Budget Office D, 2016, stating that “If the vehicle was sold to KRW 4.5 million per month after obtaining a franchise from E and selling the vehicle in KRW 4.5 million, the Defendant would pay the vehicle in full by March 2017, nine months after deducting 500,000 won per month from monthly salary,” and received the said vehicle from the person who has believed it.

However, even if the defendant has obtained a franchise from the injured party and received a passenger car amount, he/she did not have any intention or ability to pay all the rent by March 2017, nine months after deducting 500,000 won per month from monthly wage.

As such, the Defendant, by deceiving the victim, took 4.5 million won property benefits from the victim.

2. On July 11, 2016, the Defendant shall not engage in any work on the part of the victim, if he/she fails to process the penalty, at the same place as above.

There is a difference in lending KRW 2.5 million so that fine can be paid. A lawsuit was filed on the last day of October, 200, and a false statement was issued from the injured party to the amount of money equivalent to KRW 2.5 million in a lump sum with the purchase price of the vehicle and the loan amount of KRW 2.5 million.

However, even if the defendant received money from the injured party, he did not have any intention or ability to pay the money at the end of October.

As such, the Defendant, by deceiving the victim, acquired the money equivalent to KRW 2.5 million by receiving the money from the head of the Tong as the passbook.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on a fair deed;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is that the defendant promises the recovery of damage during the regular trial and agrees to the victim's only smoothly.