A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

“The Defendant, on September 5, 2013, at the Ekk Center operated by the Victim D in Daegu-gun Group C on September 5, 2013, the Defendant concluded that “The Defendant would purchase a heavy vehicle and would make profits from the purchase of the vehicle, and then sell it, and then divide the principal and the profits from the sale into half of the proceeds therefrom.” The Defendant was remitted KRW 2,579,000,000 in total over 11 times in total, as indicated in the list of crimes in attached Table 1, such as remittance from the victim to the Agricultural Cooperative account in the name of F on the same day.

However, since the Defendant, at the time, was obligated to use the money received from the victim for repayment of the obligation or for repayment of his/her obligation without returning it to the victim after purchasing the vehicle, the Defendant did not have any intent or ability to pay the principal and profit normally even if he/she borrowed the money from the victim.

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

around March 6, 2013, the Defendant maintained a partnership relationship with the victim G, and when the victim has invested vehicle purchase funds, the Defendant purchased the vehicle from the funds in a vehicle auction place, accepted it, and concluded an agreement to divide profits accrued therefrom into half by the method of revolving them. From June 2013, the Defendant managed the funds by directly transferring the funds to the auction place pursuant to the above agreement, by transferring the funds to a third party. From June 2013, the Defendant continued to engage in a secondhand trading business, such as purchase, repair, resale, etc. of vehicles. However, as the Defendant was placed in an economically difficult condition due to credit loans and personal debt accumulation, etc., the Defendant received directly money, such as vehicle purchase funds, from the victim, using trust relationship with the victim, from his/her own account.