A defendant shall be punished by imprisonment for six months.

except that 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

around July 15, 2013, the Defendant, who is engaged in the used vehicle trading business, is entrusted with the sale of E-car by the victim D at the office of the Defendant located in Seongdong-gu Seoul Metropolitan Government, and disposed of the said vehicle on July 16, 2013, and affixed the following seal from the new buyer:

7. up to 17. Sales proceeds were 30,80,000 won;

Around July 18, 2013, the Defendant continued to call to the victim in the above C, stating that “The Defendant received KRW 30,80,000,000 from the purchase price of a new vehicle. The Defendant has invested in the business of operating the said money for business purposes. To that end, the monthly revenue is paid, and the principal shall also be returned immediately upon a request for return.” However, the Defendant is in a bad credit standing status at the time, and the Defendant is not able to pay five million won from another person on September 12, 2012, and even upon receiving an investment from the victim, there was no intention or ability to immediately return the said money upon the request of the victim.”

Nevertheless, on July 18, 2013, the Defendant, by deceiving the victim as above, obtained the victim's right to dispose of 30,88 million won from the victim and acquired the victim's right to dispose.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Each police suspect interrogation protocol against the accused (including the part concerning the statement written in D);

1. The police statement concerning F;

1. A complaint filed for DNA preparation;

1. Each report on investigation;

1. To apply the Acts and subordinate statutes of the register of loans, register of automobiles, account transaction between the complainant and account transaction between the suspect and the account transaction by the suspect;

1. Article 347 (1) of the Criminal Act applicable to the crimes. Article 347 (1) of the Criminal Act;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [the scope of recommending punishment] General Fraud (less than KRW 100 million) is mitigated area (-1 year): According to each evidence of the judgment that no penalty is imposed (decision of sentencing), the defendant is entitled to make an investment while guaranteeing the principal from the victim.