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A defendant shall be punished by imprisonment with prison labor for not less than six months and by a fine not exceeding two million won.
If the defendant does not pay the above fine, 100,000.
Reasons
Punishment of the crime
1. At the time of June 15, 2014, the Defendant: (a) did not own a franchise vehicle that can be lent to the victim D, who is the type of C, in return for the rental fee of KRW 2.60,000 per month; (b) could not seek such vehicle; (c) on the other hand, even if personal debt amounting to KRW 3-40,000,000, and even if there was no certain income from the victim, he/she was thought to use it for his/her personal purpose; and (d) even if he/she was returned the franchise vehicle from the victim, he/she did not have the intent or ability to immediately return the deposit.
Nevertheless, around June 15, 2014, the Defendant: (a) received a request from the dynamics of the victim in Gwangju Northern-gu to “I will use the franchise vehicle at the expense of 260,000 won per month, and may use the franchise vehicle at the expense of 2,60,000 won per month,” and (b) borrowed the vehicle owned by the company that can be used as the siren at the expense of 2,60,000 won per month, if I would pay the deposit; (c) later, if I would return the franchise vehicle at the end, I would return the deposit immediately if I would return it.” (d) received such a false statement from the victim and then, I acquired the money from the victim to the account of the Defendant under the name of the community credit cooperative on or around June 25, 2014.
2. At the end of July 2014, the Defendant: (a) was not holding a franchise vehicle that can be lent to the victim E, who is the seat of C, in return for the rental fee of KRW 2.60,000 per month; and (b) was not entitled to seek such vehicle; (c) on the other hand, even if personal debt amounting to KRW 3-40,000,000 is not certain income; (d) the Defendant was thought to be used for personal purposes even if he received the rental deposit from the victim; and (e) the Defendant did not have any intention or ability to return the deposit even if he was returned the rental vehicle from the victim.
Nevertheless, around July 2014, the Defendant is the victim’s wife in Gwangju North-gu.