A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. The Defendant was operating a motor vehicle maintenance business under the trade name of “D” in Seo-gu, Seoan-gu, Seoan-gu, Seoan City.

On April 2013, when the Defendant leased part of the said rearrangement project site to the victim E to operate a small specialized maintenance business center, the Defendant entered into a lease contract by using the name and account of the said business entity under the Defendant’s management (hereinafter “automobile maintenance business entity” pursuant to Article 57(1)2 of the Automobile Management Act, and thus, entered into the said form of contract. The Defendant was unable to pay the price of goods to the automobile parts suppliers around that time, but the victim was required to receive the parts of the automobile from the relevant supplier, and said, stated that “It would prevent any problem in the operation of the maintenance business entity by settling accounts for the enclosed parts.”

However, the Defendant had no intention or ability to create a replacement environment in which the victimized person is able to normally operate the maintenance company as agreed even if he/she received the money as a security deposit from the injured person because he/she did not have any property in his/her own name, etc., due to the occurrence of approximately KRW 15 million each month, such as where he/she is unable to pay employee's benefits, etc. while operating the above enterprise.

Therefore, the defendant received 20 million won as the deposit money for lease from the injured party over two times around that time, and acquired it by fraud.

2. The Defendant, who committed a crime related to the substitute payment of automobile parts, does not supply any more parts unless the F, etc. of a motor vehicle parts distributor of the motor vehicle parts fails to pay the unpaid part at the rearrangement project establishment as set out in paragraph 1 around April 28, 2013.