A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On December 2, 2017, the Defendant stated that “A victim C, who intends to provide B dispatch service, sold D-W cars and E-W cargo number plates at KRW 20,00,000, and transferred them in full and at the same time.”

However, in fact, the defendant did not pay the debt borrowed from the "F" acquisition fund and did not pay the debt amount of 120 million won or more as the debt was accumulated, and there was a demand for the creditor to pay the debt amount, even if the creditor received the payment from the victim, he did not have the intent or ability to move according to the agreement, and the payment received from the victim continued to hold the vehicle and the cargo number plate after using the personal debt repayment, etc., and it was thought that he would dispose of the business right after the renewal of the B dispatch service contract.

Ultimately, the Defendant, by deceiving the victim as such, received the total sum of KRW 22,713,713,000 from the victim to the Agricultural Cooperative (G) account in the name of the Defendant, on seven occasions during the period from December 25, 2017 to January 27, 2018, for purchasing towing vehicles and number plates, KRW 20 million, and KRW 22,713,000.

Summary of Evidence

1. Defendant's legal statement;

1. Part of C’s statement in the prosecutor’s protocol of interrogation of the accused (one answer type)

1. The police suspect interrogation protocol of H;

1. Each police statement made to C and I;

1. A complaint;

1. Statement of performance, details of deposit in C, and application of Acts and subordinate statutes of a motor vehicle registration certificate;

1. Article 347 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment with prison labor, comprehensively, with respect to applicable legal provisions and the choice of punishment for the crime;

1. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months; and

2. The sentence is rendered under the sentence and in the case of concurrent trial with the same offense sentenced by the court of appeal in the recent appellate trial.