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 became final and conclusive.

Punishment of the crime

On July 2009, the Defendant: (a) around the third floor parking lot of the Da shopping center building in Seo-gu Daejeon, Daejeon; (b) demanded the victim E (the 44 years old) to purchase the Fenz car owned by the victim; (c) paid the purchase price within one week; and (d) received the said car first.

However, at the time of shopping center business, the Defendant had no intention or ability to pay the said amount even if he received the said car, such as bank loans, etc. from the shopping center business, received the said car as a collateral, and immediately borrowed money from another bonds company, etc.

Nevertheless, the Defendant made a false statement as above, and acquired the above vehicle from the victim with the amount of 35 million won at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Application of the G’s written Acts and subordinate statutes;

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

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more (i.e., the full agreement with the victim);