On November 5, 2018, the Defendant posted a letter “B” on the “B” package, an Internet auctioner, stating that the Defendant would sell a vehicle with C’s address, and made a false statement to the effect that “if the Defendant would pay KRW 27.8 million to the employees in the absence of the company affiliated with the company in charge of the settlement of accounts for the victim, the Defendant would be able to terminate the mortgage created on the vehicle C and the vehicle and transfer the name thereof.”

However, even if the defendant received the vehicle price from the victim, he was able to use it for his personal debt repayment, etc., and there was no intention or ability to terminate the mortgage established on the vehicle due to no particular income.

As such, the Defendant, by deceiving the victim as such, acquired 27.8 million won from the victim to the national bank account (E) in the name of the accused on the same day.

Summary of Evidence

A protocol of suspect interrogation against the accused;

1. Statement of the police statement concerning F;

1. Application of motor vehicle registration certificate, certificate of transfer of motor vehicle, certificate of delegation of vehicle transfer, receipt output, message details, and register of motor vehicle Acts and subordinate statutes;

1. In full view of the relevant Article of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, the reason for sentencing choice of imprisonment, the contents of the crime in this case, the amount of damage, and the fact that the defendant escaped while being tried, as well as the age, character and conduct, environment, motive and means of the crime, etc. of the defendant, the punishment as set forth in Article 51 of the Criminal Act shall be determined