A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On August 17, 2007, the Defendant was sentenced to three years of imprisonment for fraud, etc. at the Ulsan District Court on February 26, 2010. On February 16, 2010, the Defendant completed the execution of the sentence at the Busan District Court for Vocational Training. On February 16, 2012, the Changwon District Court sentenced four months of imprisonment for embezzlement, which became final and conclusive on March 19, 2012.

Around October 2010, the Defendant stated that “The Defendant would allow the victim D to purchase heavy imported vehicles, such as benz, with multiple vehicles, at a low price of KRW 5,000,000 to KRW 10,000,000,000, which is less than the market price, because of the fact that there are many vehicles,” in Gangnam-gu Seoul.

However, in fact, the Defendant did not have a vehicle to sell to the victim, and only did it think that the victim would arrange for the purchase of the vehicle at a low price from the ‘defluent name’ and then did not have the intent or ability to supply a normal vehicle at a low price.

Nevertheless, the Defendant: (a) by deceiving the victim; (b) transferred KRW 5,00,00 from the victim to the Nonghyup bank account in the name of E on October 29, 2010; (c) transferred KRW 2,00,000 to the Japanese bank account in the name of F on November 3, 2010; (d) transferred KRW 300,000 to the G bank account in the name of G on November 9, 2010; and (e) transferred KRW 2,00,000 to the Japanese bank account in the name of F on November 10, 200; and (e) received KRW 2,00,000 from the Japanese bank account in the name of F on November 12, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A detailed statement of passbook transactions;

1. Previous convictions in judgment: Criminal records, previous records, and confirmation reports (Evidence Nos. 6), copies of each judgment, investigation reports, investigation reports, inquiry into the current status of custody, application of Acts and subordinate statutes of the case search;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;