On December 1, 2012, the Defendant sold the victim C’s 2010 passenger cars (D) for the use of the victim’s 30 million won for the use of the victim’s 2010 passenger cars at the Yangcheon-gu Seoul Samsung apartment parking lot, Yangcheon-gu, Seoul, to the effect that the Defendant would purchase a new car in addition to five million won.

However, even if the Defendant, from the beginning, was expected to use both the money sold and the money received as down payment for a new car in the form of a down payment for a car in the U.S., and there was no intention or ability to purchase the money with a new car in the form of a new car as agreed with the victim.

Around December 1, 2012, the Defendant: (a) by deceiving the victim as above; (b) purchased KRW 200,000 as the down payment for the said AFD car and the new PPD car; and (c) sold the said AFD car to E around December 5, 2012 and used the said AFD car at KRW 27,30,000,000 to pay the personal debt.

Accordingly, the defendant deceivings the victim, thereby deceiving the victim of KRW 27,300,000 and KRW 2,000,000.

Summary of Evidence

1. Statement by the defendant in the court room among the first trial records;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on the motor vehicle registration ledger, copy of passbook, certificate of motor vehicle transfer, and details of deposit and withdrawal transactions;

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

1. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] the basic area (six months to one year and six months) (the period from six months to one year) of the types of general fraud; and

2. In light of the favorable circumstances in which the Defendant, who was sentenced, recognized the instant crime, the fact that the Defendant had been punished for the same kind of crime, and that the Defendant seems to have not been able to recover any particular damage up to now, etc.