A defendant shall be punished by imprisonment for up to seven months.

Punishment of the crime

On January 10, 2015, the Defendant, in front of the victim D's house located in Jung-gu Seoul Metropolitan Government, may raise the victim's profit to KRW 2.70,000 per month when operating a bus in a tourist bus company.

The purpose of this paper is to purchase tourist buses and enter them in the name of the victim, and then to pay monthly revenues. Accordingly, it is false to send KRW 40 million to the vehicle price.

However, in fact, the purchase price of a vehicle was KRW 25 million, the remainder of KRW 15 million was thought to have been held from the beginning by the defendant, and the defendant did not have an intention or ability to make profits by leaving the bus in the name of the victim.

Nevertheless, the Defendant received KRW 30 million on January 14, 2015, and KRW 40 million on January 23, 2015, from the injured party, on deposit with the bank account (E) bank account in the name of the Defendant, and acquired KRW 40 million on January 23, 2015.

Summary of Evidence

1. The defendant's partial statement

1. Part concerning the defendant's statement D or F in the suspect interrogation protocol against the defendant

1. The part concerning the statement of F in the third police interrogation protocol against the defendant

1. Part concerning the defendant's statement in G during the fourth police interrogation protocol

1. Each police statement made to D or F;

1. Investigation report ( telephone conversations with the F of H Exclusive Affairs);

1. Each note, the details of account transactions, the certificate of automobile transfer, and the details of financial transactions [the defendant obtained from the injured party a bus of KRW 40 million from the actual tourist bus company in the name of the vehicle price and commission and purchased the bus in the name of the actual tourist bus company, and some of the profits have been paid to the injured party, and shall not be acquired by fraud;

However, the following circumstances acknowledged by the above evidence, i.e., the Defendant did not notify the victim of the fact that the vehicle price of KRW 25 million was excessive, and the victim stated that he would not pay KRW 40 million if he knew of such fact (Evidence No. 20, 93, 247 of the evidence record), and ii) a tourist bus purchased at the victim’s share.