A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

On January 12, 2012, the Defendant was released on September 28, 2012 and completed the parole period on March 12, 2013 at the Gwangju High Court, which was sentenced to two years and six months of imprisonment for violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and was released on September 28, 2012 in the Young-gu prison.

[2014 Highest 159] On June 3, 2013, the Defendant made a false statement that “The Defendant would purchase and transfer the vehicle price of KRW 9 million to the victim at the E office, a used vehicle dealer operated by the victim D in Gwangju Seo-gu.”

However, even if the victim receives the purchase price for the used vehicle, there was no intention or ability to deliver it to the victim by purchasing the used vehicle.

As such, the Defendant, by deceiving the victim, received KRW 9 million from the victim to the F’s account on June 3, 2013, and received KRW 9 million in total from the Si to June 20, 2013 in the same manner, and received delivery from the victim five times in total, as shown in the attached list of crimes (1).

[2014 Highest 313] The Defendant, for the purpose of paying his/her debt, had been able to purchase the vehicle to the victim G, who was engaged in transactions with the Defendant for the purpose of paying his/her debt, even though there was a heavy difference in the purchase, he/she had the intention to receive the payment of the vehicle.

1. On August 1, 2013, the Defendant sent a text message stating, “A car has been set at KRW 14.6 million to the Handphone of the victim G with heavy and confluor at the bar on August 1, 2013, and the vehicle arrives at the HU bank account in the name of H as of August 7, 2013 or August 8, 2013, the Defendant received from the victim a remittance of KRW 14.6 million to the Gwangju Bank account in the name of H on the same day.”

However, even if the defendant received the above money from the victim, he did not have the intent or ability to purchase the above vehicle.

2. The crime committed around August 5, 2013.