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

The Defendant is a person who operates a secondhand trading company with the trade name “C” in Seo-gu Incheon.

The Defendant had been unable to repay the loan borrowed from the capital from around December 2018 due to the shortage of the funds, while running the said company, and accordingly, was unable to repay KRW 100 million due to the failure to repay the loan from D, and thus, even if the vehicle was sold to the customers, it was difficult to cancel the mortgage created on the vehicle and transfer its ownership.

Nevertheless, the Defendant sold a vehicle with the so-called “losting” formula, and had the intent to pay the transferred obligation.

Accordingly, on March 24, 2019, the Defendant sold the HM5 vehicle at which the right to collateral security was established in the name of (ju), 8.7 million won in the future, to F, who represented the victim E at the above “C office,” and made a false statement that the Defendant would transfer ownership by cancelling the collateral security upon deposit of KRW 5.1 million in vehicle, etc.

However, the defendant was unable to pay the above money as stated above, so even if he received the above money from the victim, he could not cancel the right to collateral security established on the above vehicle and transfer the ownership lawfully.

In such a way, the Defendant, by receiving a total of 4,6920,000 won from around the same day to April 2, 2019, by deceiving the victim, and obtained 5,100,000 won from the victim in the name of the above vehicle sales proceeds, etc. on the same day, and acquired it by defrauding the victim by obtaining a total of 4,69,00 won from

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement of D, I, J, F, K, L, or M;

1. Application of a loan certificate, business registration certificate, account transaction statement, each motor vehicle transfer certificate, each transfer statement, the register of motor vehicles, and transfer certificate Acts and subordinate statutes;

1. Relevant provisions concerning facts constituting an offense;