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

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

Punishment of the crime

1. On June 21, 2012, the Defendant stated that “A victim E shall be paid with a loan of KRW 16 million as the fund is urgently needed to operate a used car sales business within the country,” from the Dda that is located in Hongcheon-gun Hongcheon-gun, Gangwon-do, the Defendant would be paid with a loan of KRW 16 million. If he/she cannot repay money, he/she will be paid with a loan that he/she receives as security from another person.”

However, in fact, even if the defendant paid approximately KRW 100 million personal debt at the time and received money from the victim, he was planned to use the personal debt repayment plan and did not have any intention or ability to pay the money to the victim even if he did not repay the money.

Nevertheless, the Defendant, by deceiving the victim as above, received a remittance of KRW 16 million from the victim on the same day.

2. On August 3, 2012, the Defendant told the victim E to the effect that “I will transfer one of the above vehicles by calculating the vehicle price of KRW 30 million,00,000,000,000,000,000,000,000,000 from around the face of the week, as it is necessary to bring the said vehicle to bring the vehicle to the victim.”

However, since the defendant did not have the vehicle to be provided to the victim at the time, the defendant did not have the intention or ability to transfer the vehicle to the victim even if he received the money.

Nevertheless, the Defendant, by deceiving the victim as above, received a remittance of KRW 14 million from the victim on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of a copy of each passbook and a detailed statement of savings deposit transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;