A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 11, 2016, the Defendant was sentenced to imprisonment with prison labor for one year for fraud and two years for a suspended sentence on August 19, 2016, and the judgment became final and conclusive on August 2016.

From around December 2013, the Defendant is a person who operated a used car company in the name of “C” in the name of “C,” and “E,” in the name of “E,” the name of “E,” in the Seo-gu, Seoyang-gu, Seoyang-si, Seoyang-si.

From May 2014, the Defendant purchased used vehicles listed in the accident vehicle and the auction site in the course of operating the said company, and solicited the victim F to invest in the purchase fund by using many gains from selling them, and paid investment funds and profits from the source of investment by receiving investment funds from the damaged party. However, since June 2015, the Defendant had been urged by the said company to return the investment funds from other investors, the Defendant had been able to pay personal debts with the investment funds received from the damaged party.

On September 17, 2015, the Defendant made a false statement to the victim that “if 16 million won has been invested in BMW 320d vehicle purchase price, 50% of the investment capital and earnings will be paid by October 1, 2015.” On September 19, 2015, the Defendant made a false statement to the victim that “if 14.7 million won has been invested in the purchase of vehicles in the MM 320d vehicle, 50% of the investment capital and earnings will be paid by October 5, 2015.”

However, in fact, even if the Defendant received money from vehicle purchase investment funds, it was thought that it will be consumed for personal purposes. Even if the Defendant purchased and sold the vehicle, it was thought that the proceeds would be consumed for personal purposes, so there was no intention or ability to deliver the principal and proceeds of the investment to the victim properly.

Ultimately, the Defendant, by deceiving the victim as above, received from the victim, KRW 16 million from the victim to the new bank account under the name of his/her father G in the name of his/her father on or around September 18, 2015, and received KRW 16 million from the victim under the same name as his/her husband’s wife G, and on September 19, 2015.