Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On November 2014, the Defendant introduced “E” (E), the father of F and F, at the dental clinic center located in the Nam-gu Incheon Metropolitan City, as “E”), the victim E, one of the father of F and F, as “the shareholder of YE and the employee of YE,” and stated that “The Defendant would first pay KRW 18,225,00,00 of the long-term siren deposit to allow MATIC vehicles to be displayed for a long time.”

However, in fact, the defendant was not a shareholder of the rental car company, and did not post employees of the rental car company, and even if the defendant concludes a long-term rental agreement with the victim and receives the deposit, he did not have any intention or ability to allow the victim to siren the rental car.

The Defendant, as such, by deceiving the victim, was transferred to the company bank account (H) in the name of G, in which the Defendant used KRW 18,225,00 as the long-term rental deposit for the benz vehicle on November 27, 2014 from the victim who was under his/her control.

Summary of Evidence

1. The defendant's partial statement in the first trial record;

1. Part concerning the statement of F in the police interrogation protocol against the defendant

1. Statement made by the police with regard to F;

1. A complaint;

1. The investigation report (the verification of facts with respect to I sirens) applying Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense and Article 347(1) of the Criminal Act (Selection of Penalty) [The defendant and his/her defense counsel had an intention to cover the actual bents vehicles;

It denies the criminal intent by fraud.

In light of the following circumstances acknowledged by the evidence mentioned above, i.e., the rental deposit received at the time of release of a siren vehicle, but the Defendant demanded the victim to pay the rental deposit under the circumstances where whether or not the rental was confirmed on the benz vehicle stated in the facts charged, and even if the Defendant received the money as the security deposit for the benz vehicle, the injured party at the account received the deposit on the same day, using the siren instead of the benz vehicle.