A defendant shall be punished by imprisonment for six months.

Criminal facts

On November 28, 2013, the Defendant was indicted to the Incheon District Court for fraud, and was sentenced to six months of imprisonment on February 11, 2014, and is still pending in the trial at the same court.

around July 9, 2013, the Defendant “2014 Highest 1390, the Defendant called the victim I by phone at the office located in Gyeyang-gu Incheon Gyeyang-gu, Incheon, and falsely called “J 2012 Highest Radar. A vehicle is good, and if 6.4 million won is paid, it would sell the vehicle.”

However, even if the defendant received the purchase price of the vehicle from the victim, he was thought to use the vehicle in his debt repayment, etc., and he did not have the intent or ability to sell the vehicle to the victim.

As above, the Defendant, by deceiving the victim, received 6.4 million won from the victim to the corporate bank account in the name of the Defendant for the purchase price of the vehicle from the victim on the same day.

around July 7, 2013, the Defendant made a false statement that “The right to permit individual cargo will be transferred in KRW 17 million to the Victim K at the Parisbae-Eup located in Dobong-si.”

In fact, the victim was thought to use the above money for private purposes such as personal debt repayment, etc., and there was no intention or ability to transfer the right to permit individual cargo.

As above, the Defendant, by deceiving the victim, received 17 million won from the victim to the corporate bank account in the name of the Defendant on the same day, and acquired it by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to I and K;

1. Details of deposits and withdrawal, application of Acts and subordinate statutes of registration certificate, and certificate of automobile transfer;

1. Article 347 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

1. It is so decided as per Disposition for the reasons under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes;