A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On June 12, 2014, the Defendant was sentenced to imprisonment of one year and six months with prison labor at the Seoul Central District Court for fraud, etc. and completed the enforcement of the above sentence on June 4, 2015. On February 23, 2018, the Defendant was sentenced to imprisonment with prison labor at the Busan District Court for fraud, etc. and is still pending in the appeal trial.

On June 2016, the Defendant called “to return two vehicles to D, the vice head of C, the Victim C, by phoneing to D, the vice head of C, the victim Co., Ltd.” and called “to return two vehicles after using the two-months during the siren.”

However, as above, the Defendant did not intend to return the vehicle to the victim after two months, and only did it think that the Defendant disposed of the above vehicle to the bond company and provided money.

As such, the defendant deceivingd D, who is an employee of the victim, and is subject to such deception from two employees in terms of the victim's name.

7.2. Around 14:10, at around 5-25, Cheonggu-dong, Gangnam-gu, Seoul, the victim’s market value of the EW 520 d vehicles in the amount of KRW 60 million, and the FW 520 d vehicles in the amount of KRW 60 million in the market value.

Accordingly, the defendant deceivings the victim and defrauds two vehicles with a total of KRW 120 million amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (a report accompanied by a copy of the written statement made by a victim D);

1. Previous convictions: Application of the Act and subordinate statutes to inquire about criminal history and report criminal investigation (suspects and reporting on criminal records and repeated crimes).

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] In general fraud [Article 35 of the Criminal Act] The following shall be taken into account: (a) where considerable damage has been restored to the area of mitigation (from October to February, 500) [Special Mitigation]; (b) the damaged person has recovered all vehicles; (c) the defendant is against his mistake; and (d) the defendant appealed from the Busan District Court on February 23, 2018 after having been sentenced to imprisonment for four years and six months with labor for fraud, etc. and is pending in an appellate trial.