A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On February 23, 2012, the Defendant was sentenced to ten months of imprisonment with prison labor for special larceny, etc. at the Incheon District Court, and on July 19, 2012, the Defendant was sentenced to three years of imprisonment with prison labor for special larceny, etc. at the Suwon District Court on March 13, 2016 and completed the execution of the final sentence.

On December 28, 2017, the Defendant, as a part of the used car dealer belonging to B, concluded that “The Victim E, who reported and contacted the product advertising of BMW vehicle in D located in Bupyeong-si, Bupyeong-si, shall be able to receive the purchase price of the MF7 vehicle purchased and purchased at the previous 9.2 million won with other places. The Defendant provided the above MF7 vehicle and 13 million won with the F-doer vehicle and returned the F-doer vehicle purchase price after 20 days from the 20th day after having the F-doer vehicle, and the F-doer vehicle will be replaced with B-W vehicle.”

However, in fact, the market price of the franchise vehicle was only 4.9 million won, and the defendant did not have any intention or ability to return the purchase price of the SM7 vehicle or exchange the franchise vehicle with the BMW vehicle even if he received the money from the victim from the victim.

Nevertheless, the Defendant deceiving the victim as above, and received SM7 car from the victim around December 29, 2017, and transferred KRW 13 million to G account of the Co., Ltd.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. The description of the defendant's partial statement, E's statement, and text messages attached to the police interrogation protocol against the defendant;

1. Part of the police statement of E, and the police statement of H;

1. Investigation reports by the prosecution (in the middle and third class deposit account of KRW 13 million), remittance accounts, investigation reports (in the case of reports on the details of account), and output of account details;

1. Police investigation report (the sale price of the F vehicle and details of the transactions of entrance and departure transactions), details of transactions of entrance and departure transactions, etc.;

1. Application for registration of transfer, each motor vehicle transfer certificate, acquisition tax completion certificate, and alien registration certificate;