A defendant shall be punished by imprisonment for not less than five months.

Punishment of the crime

On November 27, 2014, the Defendant was sentenced to ten months of imprisonment for a crime of fraud at the Incheon District Court, which became final and conclusive on February 9, 2015. On March 19, 2015, the Defendant was sentenced to two months of imprisonment with prison labor at the Incheon District Court for a crime of fraud, etc. and the said judgment became final and conclusive on June 27, 2015.

1. On October 2013, the Defendant called the victim C at the point of Gangseo-gu Seoul, Gangseo-gu, Seoul, Samsung Motor Vehicle Gangseo-gu, to sell the two new QM3 to the victim C at the end of 49 million won.

The phrase “to deliver a vehicle by shipping 35 million won on the first side of the week” that is necessary for the delivery of the vehicle.

However, at the time, the defendant did not intend or have ability to sell QM3 new vehicles to the victim, even if he received money from the injured party for the purpose of delivery of the vehicle.

Nevertheless, the Defendant, as seen above, was wired KRW 27,05 million on December 27, 2013 to the corporate bank account in the name of D from a person who deceivings the victim and who is affiliated therewith, and KRW 15,00,000 on January 28, 2014.

2. On February 18, 2014, the Defendant, from the F located in Bupyeong-gu Incheon Bupyeong-gu, Incheon, there is a person selling the victim with “12 million won or more.”

As down payment, 6 million won was referred to as "to purchase a heavy-string vehicle".

However, at the time, even if the defendant received money from the injured party as the intermediate down payment, he did not have the intention or ability to sell the used vehicle to the injured party as the personal debt repayment and living expenses.

Nevertheless, the defendant deceivings the victim as above and transferred 6 million won to the account in the name of the defendant on the same day from the victim.

Accordingly, the defendant deceivings the victim two times, and acquired a total of 41,500,000 won from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. We refer to the results of the transfer of our bank;