A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On July 12, 2018, the Defendant was sentenced to a suspended sentence of four months of imprisonment for fraud at the Incheon District Court on July 12, 2018, and the said judgment became final and conclusive on July 20, 2018.

【Criminal Facts】

On February 2, 2013, the Defendant: (a) around February 2, 2013, in the French page located in Jung-gu Incheon Metropolitan City, the victim C is defective, such as the business of newly creating a siren company and exporting a siren; (b) transferred 50 vehicles owned by an existing siren company operating within the Republic of Korea to a new corporation, the Defendant may obtain a permit from Incheon City, and may conduct a siren business. A new corporation requires registration fees of KRW 1,00,000 per vehicle to register a vehicle. The Defendant, together with the expenses for transferring a siren, made a false statement to the effect that “The defect would first be paid KRW 20,000 per vehicle.”

However, in fact, the Defendant, at the time, was liable to pay KRW 100 million to the victim, was planned to use the money received from the victim for personal debt repayment, etc. without using it as the cost for the registration of the transfer of a siren, and there was no sufficient ability to provide the Defendant with the contribution of KRW 20 million to establish a new siren corporation, so there was no intention or ability to conduct a siren business by establishing a new siren corporation.

As such, the Defendant, by deceiving the victim, received from the victim a total of KRW 1.5 million from the victim to the D Association account (E) in the name of the Defendant, around March 21, 2013, KRW 6 million around June 26, 2013, KRW 9.5 million around July 25, 2013, and KRW 3 million around September 11, 2013.

Summary of Evidence

1. C’s legal statement;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including the substitution);

1. A complaint;

1. Investigation report (including a report on voluntary submission of details of transactions by enteringF banks under the name of the complainant);

1. A certificate, certificate of confirmation on acceptance of cash, each Cash Receipt, statement of transactions, and current status of siren vehicles;

1. Previous convictions in judgment: Criminal records;