A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal Power] On April 18, 2019, the Defendant was sentenced to four years in Seoul High Court to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the judgment became final and conclusive on April 26, 2019.

【Criminal Facts】

The Defendant borrowed money from the victim B under the pretext of the purchase price of freight cars, etc. in the course of engaging in the usual used cars sales business, etc., and was willing to use it in the name of the existing debt repayment, etc.

1. On June 14, 2017, the Defendant received from the victim a remittance of KRW 50 million from the victim’s account under his/her name as the borrowed money, on the 15th day of the following month, to the effect that “The Defendant would purchase a heavy freight vehicle after purchasing it,” and that “the Defendant would purchase and sell the heavy freight vehicle within one week if the purchase price is insufficient, and if the money is lent, he/she would sell it.”

However, the defendant thought that he would use the money borrowed from the victim for the purpose of paying the debt to E, etc., not the purchase price for the borrowed money. However, even if he received the money from the victim, he did not have any intention or ability to pay the money.

Accordingly, the defendant deceivings the victim as above and acquired 50 million won from the victim as the borrowed money.

2. On August 24, 2017, the Defendant: (a) stated that “the Defendant would promptly repay the money with a vehicle license plate in a way that he/she purchased the vehicle number plate and repaid the money with a long time; and (b) if he/she additionally borrowed money, he/she would promptly repay the money with the money that he/she has failed to repay once in the past; and (c) received KRW 20 million from the victim to his/her account under his/her name as a loan, around the 25th day of the same month.”

However, the defendant thought that he would use the money borrowed from the victim for the purpose of paying debts to E, etc. instead of the purchase price for the vehicle number plate.