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

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

Punishment of the crime

[Criminal Power] On November 28, 2014, the Defendant was sentenced to a suspended sentence of 2 years for criminal fraud at the Cheongju District Court for a period of 8 months, which became final and conclusive on December 6 of the same year.

【Criminal Facts】

1. On November 6, 2014, the Defendant, on November 6, 2014, made a false statement that “The Defendant would purchase KRW 50,000,00,00 including freight cars of 415-Ma-Ma25 tons in 2007 and business license plates, and would make a settlement prior to November 14, 201, in order to transfer 50% of the down payment,” by phone to the victim E at the D office where the Defendant works as a used car dealer in Gunsan City.

However, at the time, the Defendant was aware of the fact that he did not intend to sell the cargo vehicle by being notified of the withdrawal of the request from the actual owner G of the said cargo vehicle, and furthermore, was aware that the settlement was not resolved between the actual owner G and the branch company of the said cargo vehicle. Therefore, even if receiving money from the victim as the down payment, the Defendant did not have the intent or ability to transfer the registered name of the said cargo vehicle normally within the agreed time.

The Defendant, by deceiving the victim as above, received KRW 25 million from the victim to the Agricultural Cooperative Account in the name of the Defendant around 14:40 on the same day.

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

2. On November 28, 2014, the Defendant: (a) called the said victim at the foregoing office around November 28, 2014; and (b) made a false statement to the effect that “The Defendant would purchase KRW 48 million with the 2008 M&H treatment 430 M&D 25 million. On the other hand, only the balance may be immediately transferred, and the transfer of the down payment to KRW 28 million is possible.”

However, at the time, the defendant did not receive a request for sale from I (the representative of J-LLC, a corporation selling high cargo vehicles), which is the actual owner of the above cargo vehicles, and he had cancelled the sales contract to purchase the above cargo vehicle before.