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

On October 2014, the Defendant made a false statement to the victim C, stating that “The Defendant would have the victim take over D in Daejeon, and the Defendant would have the Defendant take over the five cargo number plates by determining the number plates of cargo vehicles of less than five tons as 15 million won per unit and 5.5 million won per unit, and allowing the victim C to take over the five cargo number plates at the face of 77.5 million won per unit.”

However, even if the defendant was given 77,500,000 won from the injured party as the price of the cargo car, he did not have the intention or ability to transfer the number plate for five cargo cars to the injured party.

Nevertheless, the defendant deceiving the victim as above and transferred KRW 77,50,000 to the NAC account under the name of the defendant's spouse, as the price in light of the number plate on the 31st day of the same month from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant on the fifth public trial date;

1. Each legal statement of the witness C and F;

1. Statement of reference witnesses by the prosecution concerning C and F;

1. C’s accusation - Certification of deposit transaction details, automobile registration, automobile registration ledger, and business registration certificate;

1. Investigation report (102 pages of investigation records);

1. The application of Acts and subordinate statutes to a criminal investigation report (report on the submission of additional C data by a complainant);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the amount of the fraud by the crime of this case is not significant, the defendant denies the crime of this case in the investigative agency and the first half of the oral argument of this court and does not reflect it, etc. under the circumstances unfavorable to the defendant, such as the fact that the defendant is recognized to commit the crime of this case late, the defendant is not only the same criminal record, the defendant does not have any criminal record but also the defendant has no criminal record exceeding the fine, the defendant's age, sexual behavior, environment, motive, means and result, and other crimes.