A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

[2013 Highest 620] The Defendant operated D in Yeongdeungpo-gu, Suwon-si, purchased a vehicle that caused an accident as an auction, and repaired it, and went back to it.

1. On February 2012, the Defendant: (a) made a false statement that the victim E would purchase vehicles from the Defendant; (b) received a proposal from the Defendant to receive KRW 6 million from the vehicle purchase price; and (c) conspired to receive KRW 6 million from the victim to pay to F and G.

On September 24, 2012, the Defendant made a false statement to the victim in the above D, stating that “after purchasing a motor vehicle for the subject, the Defendant shall transfer KRW 6 million to the owner of the vehicle for repair and the name of the repair cost.”

However, in fact, the defendant received six million won from the victim and thought that he would pay F and G, so there was no intention or ability to purchase the subject vehicle to the victim.

Nevertheless, the defendant deceivings the victim as such and received 6 million won from the victim, i.e., the head of the agricultural bank in the name of the defendant.

2. On October 4, 2012, the Defendant made a false statement to the effect that “The victim E by telephone from the foregoing industrial office “I would have been engaged in an auction but will receive 12 million won as the selling price and transfer it after acceptance of an auction.”

However, in fact, the Defendant did not have any intention or ability to purchase the so-called vehicle against the victim because he received money from the victim as it did not properly operate the industrial company due to the fact that the Defendant had been in excess of KRW 100 million due to the failure to operate the industrial company at the time, and was thought to use it as funds for the operation of the industrial company.

Nevertheless, the defendant deceivings the victim as such and deceivings him from the victim, namely, KRW 12 million.