A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On August 12, 2020, the Defendant was sentenced to imprisonment with prison labor for four months and one year of suspended execution for fraud at the Suwon District Court on August 12, 2020, and the above judgment became final and conclusive on August 20, 2020.

【Criminal Facts】

1. On May 24, 2016, the Defendant entered into a contract with the victim D to purchase a 35 million fake vehicle at the “C” office located in Ssung City B on May 24, 2016, the Defendant again purchased it to the other person after the purchase. The payment of the down payment of KRW 2 million was made when entering into a contract at the same time. The remainder of the money is necessary. If the Defendant lent money, the vehicle will sell it after a week.”

However, the defendant did not have entered into a contract to purchase a vehicle, and there was no intention or ability to pay the loan normally to the victim on the ground that there was a debt equivalent to about 40 million won at the time, and there was no other income or property, and there was no intention or ability to pay the loan normally to the victim.

Nevertheless, as such, the Defendant, by deceiving the victim as such, through the E bank account (F) in the name of the Defendant from the victim, obtained KRW 10 million on May 25, 2016, KRW 10 million on May 26, 2016, KRW 10 million on May 26, 2016, and KRW 25 million on May 27, 2016, respectively, by deceiving the victim.

2. On June 16, 2016, the Defendant committed the crime, at the above “C” office on June 16, 2016, stated that “The Defendant left the first purchased vehicle in order to remodel the two lanes, and there is no money, and no vehicle is available. If only the vehicle is found, the Defendant borrowed the vehicle from the vehicle immediately to pay all the money of KRW 8 million.”

However, even if the Defendant purchased a vehicle, the Defendant did not have any intention or ability to pay the vehicle normally even if he borrowed money from the victim in excess of the obligation at the time of the foregoing.

Nevertheless, the defendant deceivings the victim and belongs to it.