A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[Criminal Records] On July 6, 2020, the Defendant was charged with non-detained in violation of the Electronic Financial Transactions Act with the Seoul Central District Court on July 6, 2020 and is currently pending trial.

[Criminal facts]

1. On October 2018, at a place where the location of a vehicle is unknown, the Defendant made a false statement to the victim B by telephone, stating that “A vehicle would be repaid if the Defendant purchased a vehicle with a loan to purchase a vehicle with a heavy vehicle, he/she would pay the loan, and even a deposit for a lease on a deposit basis, he/she would have to pay the loan with a deduction.”

However, the defendant did not have the intention or ability to pay the installment even if he purchased the vehicle with the loan.

On October 31, 2018, the Defendant received a loan from the injured party in the name of the victim in Michuhol-gu Incheon, Michuhol-gu, Incheon, and received a vehicle equivalent to KRW 21.5 million at the market price.

2. On December 10, 2018, the Defendant of KRW 10 million concluded a false statement by telephone that “If the Defendant borrowed KRW 10 million as the repair cost is required due to the occurrence of a traffic accident that occurred while driving a vehicle while paying the vehicle, the Defendant would pay the Defendant in installments the monthly amount.”

However, even if the defendant borrowed money from the injured party, he did not think of using the money at the vehicle repair cost, and there was no intention or ability to repay the borrowed money to the injured party.

On December 20, 2018, the Defendant received KRW 10 million in cash as vehicle repair expenses from the injured party at the regular restaurant of the money located in Ischeon-si around December 2018.

Summary of Evidence

1. Details of transactions in the prosecutor's statement No. B made by the defendant in court, and the application of statutes governing financial transaction confirmation;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The scope of the applicable sentencing under the Act on the Reasons of the Sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following sentencing grounds): the sentence shall be recommended according to the sentencing guidelines for one month to fifteen years.