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

Around October 23, 2017, the Defendant stated that “A Dong Dong-gu sold cMW 520D vehicles in KRW 37.5 million to the victim B” in the trade name Kafin located in the Young-si, Suwon-si, Suwon-si, Suwon-si, and that “A Dong-si sold the sales proceeds to cMW 520D vehicles in KRW 37.5 million” was false.

However, there was no intention or ability to introduce the purchase and sale of the above vehicle to the victim on account of the victim's personal debt repayment, gambling, etc. by receiving money from the victim.

On October 23, 2017, the Defendant received KRW 35 million in total from the victim to the F Company Bank Account, and KRW 2.5 million in total from the same account on October 25, 2017, and received KRW 37.5 million in total from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning B;

1. Details of financial transactions;

1. Application of Acts and subordinate statutes to an investigation report, investigation report (motor vehicle registration certificate, etc.), investigation report (Listening to the phone statement of a witness);

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: One month to ten years of imprisonment;

2. Reduction elements of less than KRW 100,00 (Specially Convicted Persons) below KRW 100,00 for fraud (type 1) according to the sentencing guidelines: Reduction area of mitigation area (the scope of recommending area and recommendation range), imprisonment with labor for one month or one year;

3. Based on the above sentencing criteria, the following circumstances and various circumstances, including the defendant’s age, character and conduct, environment, and circumstances after the crime, shall be taken into account: