A defendant shall be punished by imprisonment for not less than three months.

Punishment of the crime

1. Around May 2013, the defrauded made a false statement to the effect that “The Defendant will deliver two high-priced vehicles to KRW 56 million in total by phone call to the victim C (Nam and 30 years of age) at a place where it is impossible to identify the place on May 2013, 201,” and that “The Defendant will deliver two high-priced vehicles to KRW 56 million in total. Each vehicle shall transfer KRW 4 million in advance to KRW 4 million per vehicle.”

However, in fact, the defendant did not own a low-priced vehicle, and there was no intention or ability to deliver it to the complainant.

Nevertheless, the Defendant, as seen above, received money from the victim on May 27, 2013 from the victim to the D account used by the Defendant.

2. Around August 2013, the defrauded made a false statement to the effect that “one vehicle has been shipped out, but the expenses, such as the registration fee and insurance premium, are required to deliver the vehicle to the said victim at an infinite site on or around August 2013.” As incidental expenses, the defrauded would deliver the vehicle if he/she transfers KRW 4 million to the vehicle.”

However, there was no intention or ability to deliver the vehicle, and there was no intention to use the remitted money as incidental expenses for the delivery of the vehicle.

Nevertheless, the Defendant, as seen above, received 4 million won from the victim to the Defendant’s account on August 23, 2013, and acquired it by fraud.

Summary of Evidence

1. C’s legal statement;

1. On February 15, 2013, the Defendant, applying each transaction statement attached to the police statement of C, and the receipt Acts and subordinate statutes, was sentenced to a suspended sentence of one year and two months of imprisonment for fraud, etc. on February 15, 2013, and the judgment became final and conclusive on February 23, 2013 (hereinafter “the first sentence”), and three rulings became final and conclusive even after the instant crime.

(hereinafter “Class 2, 3, and 4”). However, the instant crime was committed after the date when the judgment with the first instance judgment became final and conclusive, and the crime in the second, third, and fourth instances was committed before the date when the judgment with the first instance judgment becomes final and conclusive.