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

[Final Judgment] On October 17, 2008, the Defendant was sentenced to 6 months of imprisonment for fraud and 2 years of suspended execution in the Sungnam Branch of Suwon District Court on October 17, 2008, and the above judgment became final and conclusive on October 25, 2008.

【Criminal Facts】

Around April 10, 2008, the Defendant purchased bonds to the victim C with a vehicle offered as a security and can impose money on them at all times. Around April 10, 2008, the Defendant purchased the E physical-person vehicle after obtaining 8 million won of the original evidence record No. 191 of the vehicle purchase price from D.

Around August 2008, the Defendant, while keeping the said vehicle for the victim C, carried the said vehicle and embezzled it to the victim C by refusing to return it.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and F (former G);

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The portion not guilty under Article 62-2 of the Criminal Act, Article 59 (1) of the Probation, etc. Act;

1. Summary and judgment of the facts charged

가. 각 사기의 점 (1) 공소사실의 요지 ㈎ 피해자 C에 대한 사기의 점 피고인은 H으로부터 중고 광고영상 차량을 임차하기로 하였으나 임대료를 마련할 방법이 없자 피해자 C에게 위 차량을 1,000만 원에 구입할 수 있는 것처럼 속여 돈을 편취하기로 마음먹었다.

On April 5, 2008, the Defendant made a false statement to the effect that “The Defendant purchased a medium-sized advertising vehicle from an advertising video company after purchasing it, and engaged in a vehicle advertising business,” with the victim C at the “J-owned office located in Hanam-si I” office. The Defendant made a false statement to the effect that “The Defendant would sell a medium-sized advertising vehicle at a price much below the market price.” The Defendant purchased a medium-sized advertising vehicle at a price of KRW 10 million.

However, in fact, the above-mentioned high advertising video vehicle is equivalent to 38 million won at the market price, and the defendant is obliged to pay the above vehicle from H for two months.