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

Punishment of the crime

[Basic Facts: The defendant's lack of capability to rescue and make repayment for the rental car business] The defendant has been running a siren business in the way that the defendant's customers receive a fixed rental deposit (Lump-sum) with no fixed rental fee on condition of paying a regular rental fee from the rental car business operator.

① The Defendant failed to pay a large number of rental fee to the Defendant, and was in a situation in which the Defendant was able to recover the vehicles that the Defendant was rentaled, and thus was unable to provide the vehicle to the customer up to the commitment. ② The Defendant was thought to use the rental deposit to pay a delinquent rental fee or a deposit to other customers (so-called “so-called “reftention”) due to the failure to return the said deposit to the customer, and there was no other special property and there was no intention or ability to return the rental deposit to the customer.

【Criminal Facts】

"2019 Highest 405"

1. On August 2018, the Defendant made a false statement to the victim AI, stating that “When payment of KRW 55 million is made, a new vehicle may be used without a monthly siren for two years, and the full amount of deposit shall be returned at the end of the siren.”

However, as above, the Defendant did not have any intention or ability to return deposit amounting to KRW 55 million to the victim upon termination of the siren contract.

On August 2, 2018, the Defendant, at around 17:48, obtained money from the victim by transfer from G account (Account Number: H) in the name of the Defendant, and acquired money by deceptioning KRW 55 million from the victims in total on five occasions, as shown in the attached Table 1 of the crime list.

"2019 Highest 408"

2. On February 2018, the Defendant against the victim AJ et al. and 25, was guilty, and the Defendant paid the deposit to the victim AJ on February 2, 2018.