The defendant is a person engaged in the business of selling or arranging used cars.

1. The Defendant, upon receiving a commission from K to sell a cub car on his own L, copied the key to the said car and key, and then received the sales price as if he transferred the said car and received the sales price by fraud.

On August 7, 2016, the Defendant told the victim M& to the effect that “I will sell one motor vehicle for cub to 38.6 million won on the examination color, which is 50,000 kilometers of the mileage 2013,” by telephone.

However, the defendant did not have the intention or ability to transfer the above car.

Nevertheless, the above victim made a false statement as above and the defendant acquired 38.6 million won from the above victim to the company bank account in the N's name, the spouse of the defendant on the same day from the above victim to the above company bank account in the name of the defendant's spouse.

2. Any person who intends to conduct a motor vehicle trade in violation of the Motor Vehicle Management Act shall register with the head of a Si/Gun/Gu as prescribed by Ordinance of the Ministry of Construction and Transportation

Nevertheless, the defendant engaged in the automobile trade without registering the automobile trade business to the authorities, such as arranging the automobile trade as described in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against M orO;

1. CCTV photographs and photographs;

1. Investigation report (Investigation by the nominal owner of the Cocus vehicle) and investigation report (inspection report by the employee);

1. Application of Acts and subordinate statutes on the screen of a heavy and converging screen;

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the fraud point, the choice of imprisonment with labor), Article 79 Subparag. 13 and Article 53(1) of the Automobile Management Act (the fact that the automobile management business is run, the choice of imprisonment with labor) concerning criminal facts;

1. The fact that the crime is not good in light of the reasons for sentencing, the circumstances leading up to sentencing, and the method of punishment, etc. under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which aggravated concurrent crimes.