A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 24, 2011, the Defendant stated that “Around December 24, 2011, the E-Maintenance Industry Co., Ltd. run by the Defendant in Busan, Busan, would benefit from the purchase of the parts of the motor vehicle by using the method of returning the parts of the motor vehicle at a low price.” The Defendant stated that “I will return profits according to the profits from the purchase of the parts of the motor vehicle at a low price and return the principal.”

However, at the time, the Defendant did not have a plan to conduct the business by purchasing the automobile parts at a low price and returning them. The Defendant only intended to make a loan from the victim for the purpose of repaying obligations accumulated in the course of the management of the maintenance and industry. Therefore, even if he borrowed the money, there was no intention or ability to return the said money together with the principal.

As above, the Defendant, by deceiving the victim and receiving KRW 20,00,000 from the Busan Bank account in the name of the Defendant on the same day from the victim, through the Busan Bank account in the name of the Defendant, and from that time to July 5, 2012, by deceiving the victim by the same method four times in total, as shown in the list of crimes, and received delivery of KRW 45,70,000 in total under the same name.

On September 2012, 2012, the Defendant stated that “The E-Maintenance Industry Co., Ltd., operated by the Defendant in Busan, Busan, would have sold the parts of the motor vehicle to the victim G by telephone, and then at least 30% of the sold goods would remain at the end of the sale. When the purchase price is lent, the Defendant would return after the month of the payment and pay 4-5% interest.”

However, at the time, the Defendant did not have a plan to conduct the business by purchasing the automobile parts at a low price and returning them. However, the Defendant only intended to lend money from the victim for the purpose of repaying obligations to the business partners accumulated in the course of the maintenance and industry’s operation. Therefore, the Defendant also borrowed money as above.