[Defendant A] The defendant shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Punishment of the crime

1. Defendant A

A. On December 13, 2012, the Defendant made a false statement to the effect that “When investing KRW 12 million in Incheon Gyeyang-gu, the Defendant would sell the above vehicle with a total of KRW 18 million and make a half of the proceeds together with its principal after selling the said vehicle at KRW 20 million,” at a coffee shop with which the trade name in Incheon Gyeyang-gu could not be known, and that “the Defendant would sell the said vehicle to the victim with a total of KRW 18 million,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000).”

However, in fact, the defendant, at the time, had a liability for the loan due to gambling up to 8 million won, and there was a defect in the vehicle sold by the defendant while running a used car sales business, so it was thought that it will be used to pay the above liability even if the defendant received money from the victim because of the situation where 300 to 4 million won such as repair expenses should be paid rapidly. Since the vehicle displayed by the victim was a sound vehicle, so it was impossible to sell the vehicle after the purchase, there was no intention or ability to pay the above investment money to the victim as agreed upon.

The Defendant was transferred from the victim to the company bank account in the name of the Defendant, i.e., KRW 6 million from the victim’s seat to the company bank account in the name of B, and KRW 6 million in total, KRW 12 million from the bank account in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

B. On February 5, 2013, the Defendant made a false statement that “The Defendant would pay off money to the victim D in return for the payment of the said money that he/she would have received from the victim.”

However, in fact, the defendant did not have a certain property or profit, and had a debt such as Paragraph 1, and all the money received from the victim as described in Paragraph 1.