A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On August 6, 2009, the Defendant was sentenced to three years of imprisonment with prison labor in Daejeon District Court for fraud, etc., and completed the execution of the sentence in the Western District Court on November 6, 201.

1. On January 19, 2013, the Defendant received from the victim E a transfer money of KRW 1 million from the victim’s bank account in the name of the Defendant, on January 19, 2013, to the victim E, by falsely stating that “I wish to seek a franchise-to-be 2000,000 won (5,000 won) from D offices located in Boan-si C, 2009, however, the said vehicle is listed on an auction and the down payment should be placed in order to not purchase it, and one million won (2,000,000 won) is changed to the same account on January 22, 2013.

However, even if the defendant receives the above money from the victim, he did not have any intention or ability to sell the money to the victim because he thought that he will use the money for the repayment of personal debt.

Accordingly, the defendant was accused of the victim and was remitted to 2 million won.

2. On January 2013, the Defendant received KRW 2 million from the victim on January 26, 2013 from the victim, on the following grounds: “The Defendant, at the place indicated in paragraph (1) of this Article, made a false statement to the victim stating that “the first class price of the No.S. car exceeds KRW 20 million and sold KRW 6 million at an auction, and a group of KRW 4 million is changed with the purchase price,” and received KRW 2 million from the victim to the company bank account in the name of the Defendant on January 28, 2013.

However, even if the defendant receives the above money from the victim, he did not have any intention or ability to sell the money to the victim while he thought that he would use the money for personal debt repayment.

Accordingly, the defendant was accused of the victim and was remitted to 4 million won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Investigation report (to hear the F phone statement of a witness);

1. Previous convictions: Criminal records and investigation reports (report attached to the previous convictions and confirmation of the date of release from the court).