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Defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
"2018 Highest 1750"
1. Fraud;
A. A. On June 27, 2017, the Defendant: (a) was the Defendant: (a) in the mutual influent car page in Ulsan-gu, Ulsan-gu; (b) “The Defendant is engaged in a business to siren import automobiles; (c) at the same time, he/she purchases more than KRW 100 million and carries on a siren business; (d) 90% out of the vehicle purchase price is paid; and (e) he/she will share of 10% if he/she invests in KRW 15 million. In the future, the Defendant said that “The Defendant would pay 10% of the profits from BM 18 vehicles on the 10th day of each month.”
However, in fact, the Defendant leased a motor vehicle from another imported motor vehicle rental business operator to another person and operated the business without permission, and in fact, the Defendant did not have a normal siren business while holding an imported motor vehicle, and some of the Defendant received the said money from the victim as an import motor vehicle rental fee. Since most of the said money was thought to be used for personal use, the Defendant did not have any intent or ability to use it as a fund for purchasing the motor vehicle or to pay the profits promised by carrying on the vehicle rental business.
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 10 million on June 28, 2017 from the victim to the Cbank D account in the name of the Defendant’s bank account in the name of the victim to receive KRW 15 million on June 29, 2017, KRW 300,000 on June 29, 2017, and KRW 25 million on July 25, 2017.
B. On July 31, 2017, the Defendant, in the name of loans used to certify the balance of the establishment of a corporation, sent mobile phone text messages to the above victim and received profits if he/she runs a given business by establishing a corporation. Thus, the Defendant established a corporation and operated the corporation together with the company, and established a corporation with the amount of KRW 54.4 million in order to establish a corporation, and issued a certificate of balance if he/she lent the money.