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

On December 2, 2019, the Defendant stated to the effect that, at the office of the company working by the victim C in Jung-gu Incheon Metropolitan City, the Defendant would allow the victim to hold office for the E K7 car leased from Drenk under the name of Drenk. However, the Defendant would pay a security deposit of KRW 6 million and return the security deposit if the vehicle is returned after using the vehicle for six months. The rent for the vehicle will be paid within six months.”

However, in fact, the E K7 car that the defendant intends to hold office for the victim was only a contract made on the condition that it was used during the period from December 2, 2019 to December 4, 2019, and the above vehicle could not be replaced with the victim for six months since it was concluded later or because it was not paid rent, and it was thought that the victim would use the money received from the victim for personal debt repayment, etc., so there was no intention or ability to refund the security deposit paid by the victim after six months.

Nevertheless, the defendant received KRW 1 million in cash from the victim for the same day as vehicle rental deposit, and received KRW 5 million in the name of the defendant's Nong Bank (G) from the defendant, and acquired KRW 6 million in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to police statements made to victims;

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

1. The sentence shall be determined as ordered in consideration of all the conditions of sentencing, including the contents of the crime as indicated in the reasons for sentencing under Article 62(1) of the Criminal Act, the amount of fraud, the age of the accused, character and conduct, and circumstances after the crime;