A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 2018, the Defendant made a false statement to the victim B by phone calls from the victim B during his/her B, stating that “A passenger car shall be repaid within two months.”

However, in fact, the Defendant was unable to offer the vehicle to the victim as security by borrowing it from other leasing companies, and the Defendant was in the situation that he/she should return the deposit deposit amounting to 50 million won to the lessee as of the day he/she arranged for the lease of an out-of-the-counter vehicle at the time. Thus, even if he/she borrowed money from the victim, he/she did not have the intent or ability to provide the vehicle as security or to repay

Nevertheless, the Defendant deceptioned the victim as above, and was transferred from the victim to the account in the name of C, which is the Defendant’s seat, on August 22, 2018, as well as from September 5, 2018, KRW 8 million was delivered from that time to September 5, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Report on the details of transfer (No. 22) and the application of Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act that the defendant acknowledges the crime of this case; and consideration of the fact that the defendant paid the victim B an amount of damages and the victim

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 32 (1) 2 and (2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings of Application for Compensation.