Defendant shall be punished by a fine of KRW 7,000,000.

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

Punishment of the crime

【Criminal Records of Crimes】 On May 4, 2016, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Seoul Eastern District Court on October 10, and the judgment became final and conclusive on May 12, 2016, and is currently under suspended sentence.

【Criminal facts】 around April 4, 2017, the Defendant would return to the victim D by Gangnam-gu Seoul Metropolitan Government on the ground that the victim D would have succeeded to the event (E) under lease.

“A false representation was made.”

However, in fact, the defendant did not have any property owned by him, and there was no intention or ability to succeed to the lease contract or return the said vehicle to the victim because he thought to provide the said vehicle as a security for his obligation.

The Defendant, as such, by deceiving the victim, received the above vehicle from the victim, which is equivalent to the market price of KRW 62,700,000.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Legal statement of the witness D;

1. A protocol concerning the interrogation of the accused by the prosecution (a description-type, a substitute description);

1. Investigation report (the F phone statement of the custodian of the vehicle), investigation report (the date and time of joining a temporary driver's special agreement, etc.), investigation report (the ability to succeed to the suspect and judgment as to whether the suspect exists);

1. Application of the provisions of Acts and subordinate statutes, such as a written contract confirmation, a lease check, etc., vehicle abandonment certificate, vehicle registration certificate, and financial transaction information;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. On April 4, 2017, the Defendant asserted that (i) the victim would have received the vehicle from the injured party due to his/her intention to succeed to the leased vehicle, and (ii) the victim would return the said vehicle by reporting it to the other hand.

② On May 2016, the Defendant had a revenue of KRW 5 million per month by providing financial advisory services to small and medium enterprises, and income of KRW 1,00,000 per month while operating a horseter on January 2017.