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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.
Reasons
Punishment of the crime
On September 27, 2013, the Defendant was sentenced to a suspended sentence of one-year imprisonment at the Seoul Central District Court for fraud, and the judgment became final and conclusive on December 20, 2013.
"2013 Highest 3101"
1. Around September 4, 2013, the Defendant against the victim E made a false statement to the victim E, “I would like to find a vehicle assigned as security at the time of loan. I would like to do so. I would like to look at it. I would like to do so. I would like to do so. I would like to return money if I would like to find a vehicle up until this week, even though the vehicle has G, and 20 million won is found to have not been found until this week.”
However, even if the defendant received money from the victim, he did not have the intention or ability to recover the vehicle.
The Defendant, as such, by deceiving the victim, received KRW 2 million on the same day from the victim, and received KRW 12 million on September 6, 2013, and KRW 12 million on the same day.
"2013 Highest 3229"
2. On September 6, 2012, the Defendant: (a) stated that “The Defendant would immediately return the said vehicle when delay is delayed,” to the victim H, the representative director of the J, a corporation J, for the purpose of paying the entire amount of the vehicle to be paid upon transfer of the vehicle to B, which was purchased in the name of J, from Aju Capital Capital to B; and (b) the said vehicle should be immediately returned at the time of delay.”
However, even if the defendant takes over the vehicle from the victim, he did not have the intention or ability to immediately provide the vehicle as security and receive the loan, and normally pay the vehicle installment, or to immediately return the vehicle at the time of overdue payment.
As such, the Defendant, by deceiving the victim, obtained from the victim one vehicle of K Alh-to-K, which is equivalent to the market value of KRW 40,200,00 from the victim and acquired it by fraud.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. Each police statement of E and H;
1. Preparation;