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

Punishment of the crime

[criminal history] On October 6, 201, the Defendant was sentenced to one year and six months of imprisonment with prison labor for special larceny, etc. at the Changwon District Court, and three years of suspended execution, and on October 26, 2012, the Busan High Court sentenced the Defendant to one year and six months of imprisonment with prison labor for a violation of the Act on the Protection of Juveniles from Sexual Abuse (Rape, etc.) at the Busan High Court on October 26, 2012, and the said judgment became final and conclusive on October 26, 2012, and completed the execution of each of the above punishment at the Port on February 13, 2016.

On November 22, 2016, the Defendant was sentenced to imprisonment with prison labor for a special assault, etc. at the Changwon District Court on November 22, 2016, and the judgment became final and conclusive on November 30, 2016.

[2] On May 10, 2016, the Defendant: (a) in the process of purchasing a heavy and high-priced typ vehicle (D) in that he/she is in Kimhae-si B on May 10, 201; (b) concluded a mid-term and erroneous debate with the content that 15 million won shall be loaned from the victim KB Capital Co., Ltd.; and (c) agreed to pay 541,533 won monthly between 36 months and then made a normal installment payment.

However, in fact, the defendant did not have any particular property at the time, and around 4 million won was charged as Kwikset service article, and was paid in an amount equivalent to KRW 1 million every month, but there was no intention or ability to pay the principal and interest of the loan normally to the victim because of the situation where the amount of KRW 500,000 was paid by the fixed expenditure, such as monthly rent, management fee, and communication fee, etc.

As such, the Defendant, by deceiving the victim, had the victim transfer a sum of KRW 9.8 million to a second class trading account in the name of the purchase price of the vehicle for the mountain chip around that time, acquired the above KRW 9.8 million proprietary benefits, and acquired the money by remitting KRW 5 million to the account of the company bank account in the name of the Defendant on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A written complaint;

1. An application for a second or second or higher debate, a second or higher agreement of debate, and a register of motor vehicles registration;

1. Complaint;

1. A report on investigation (a statement by a complainant's agent);

1. A previous conviction in judgment: