Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

On July 9, 2010, the Defendant was sentenced to imprisonment with prison labor and three years and six months at the Seoul Eastern District Court on the grounds of fraud, etc. and on September 29, 2011, the judgment was finally decided by the Supreme Court.

1. Around October 3, 2008, the Defendant made a false statement to the victim D, stating, “I will repay the vehicle after one month if I lend the vehicle to the victim as security, which he owns in Jung-gu, Incheon.”

However, in fact, the above car was not owned by the defendant, and the defendant did not have the ability to repay even if he borrowed the above money.

The defendant acquired 8,90,000 won from the victim to the account of the defendant for the same day as the rental car business fund.

2. Around October 22, 2008, the Defendant made a false statement that “The Defendant would make repayment after one month from the date when he/she lends additional funds to the victim. If he/she fails to make payment, he/she will transfer the ownership of the franchise offered as security.”

However, even if the defendant borrowed money, he did not have the ability to repay it, and since the vehicle was not owned by the defendant, it did not have the ability to transfer ownership to the victim if he could not repay the above money.

The Defendant received KRW 17 million from the victim as cash and check for the same day as a rental car business fund, and acquired KRW 4 million from the victim to the G account.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Statement made to D by the police;

1. Previous convictions in judgment: Impositions of dispositions and results of confirmation, and application of Acts and subordinate statutes of the fixed date (201Do3519);

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The Criminal Act for the detention of a workhouse;