A defendant shall be punished by imprisonment for not less than two months.

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

Punishment of the crime

[Criminal Power] On January 10, 2013, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for fraud, etc. at the Suwon District Court, which became final and conclusive on the 18th of the same month.

【Criminal Facts】

Around July 17, 2012, the Defendant and C expressed that the victim D would sell the “Yast 500cc” on the Internet site “Yast Mast Mast Mast 500cc.” In fact, the Defendant and C had the intent or ability to pay the purchase price to the victim even if they purchased the Obast, by deceiving the victim as if he did not have the intent or ability to pay the purchase price, and by deceiving the victim to acquire the Obast.

C promising the victim to directly deal with the above Otoba on July 17, 2012, in return for promising the victim to use the phone at around 15:00 on the direct transaction. At around 21:30 on the same day, C, while driving a monthly article E which was requested by the victim to deliver to the above E in front of the area located in the head of Songpa-gu Seoul Metropolitan area, the 21:30 on the same day, while driving the Otoba under the Otoba, and the defendant called the above E to the victim who escaped by using the above E phone, and then shift the cell phone to the above E as if he had a telephone, and C, while driving the victim to the above E, the defendant was issued the documents of Otoba.

Accordingly, the defendant, in collusion with C, obtained a single copy of the above 11,80,000 won market price owned by the victim.

Summary of Evidence

1. Entry of the accused and C in the first trial records;

1. Statement made to D by the police;

1. Previous conviction in judgment: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Article 347 (1) and Article 30 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant has agreed smoothly with the victim);