A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On May 15, 2015, the Defendant made a false statement to the effect that, at a Cagency located in Yeonsu-gu Incheon Metropolitan City, the Defendant purchased DNA trucking vehicle equivalent to KRW 36,290,000 at the market price, and that, “The Defendant would lend the vehicle price to the employee in charge of the Victim KB Capital Capital (owner)” and pay KRW 972,052 each month from June 23, 2015 to June 36.”

However, even if the defendant purchases the franchise vehicle, he/she thought that he/she would immediately dispose of it to a third party, and he/she did not have any intention or ability to pay the installment to the victim for the amount of 1,000,000 won.

The Defendant received 32,00,000 won from the victim as the vehicle price for the same day.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to an application for installment theory and payment unpaid;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] There is no basic area (6-100 million won or less) of types 1 (6-100 million won or less) [the decision of sentencing] and the defendant recognizes a crime. The defendant pays the amount of 20 million won out of the amount acquired by deception, thereby recovering certain damages, and other conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., shall be determined as per the order.