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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, in around 2013, was a person who was employed as a used vehicle salesperson in Da in 2013 and was employed as a used vehicle salesperson in E from around 2015 to around 2015, and the victim F was a person who operated the used vehicle trading company in the trade name of G from 2013 to Ga in 2013.
1. From June 10, 2013 to September 17, 2013, the Defendant committed fraud, at the convenience store in front of the I hotel located in Daegu-gu, Daegu-gu around June 2013, the Defendant would purchase used cars and pay the principal and profits if he/she subsequently sells them to the Defendant.
“A false representation was made.”
However, in fact, the Defendant, even if he was absent from the Internet gambling at the time, purchased a normally used car from the damaged person, and then used it as the Internet gambling fund without the intention to pay the principal and the profits. Even if he purchased a used car, if he was sold it and used it for the Internet gambling, etc. without immediately paying the principal and the profits to the injured person, and if profits are generated from the Internet gambling, he was considered to pay the money in a so-called way to prevent the return, such as using it as the principal and the profits for the purchase cost of the used car which was first received from the profits or the damaged person as the principal and the profits.
As above, the Defendant, as from June 10, 2013 to September 17, 2013, received a total of KRW 126,810,000 in total on 13 occasions from the injured party, such as the list of offenses (1) in attached Form No. 116 to September 17, 2013, and acquired KRW 46,415,000 in total nine times from July 3, 2013 to September 12, 2013 by giving the difference of KRW 80,395,00 in total nine times.
2. From February 26, 2015 to May 7, 2015, the Defendant committed fraud was the victim from E, located in Daegu Northern-gu 5th 506 around February 2015.