A defendant shall be punished by imprisonment for six 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

On February 2, 2012, the Defendant stated to the effect that “If you purchase a new vehicle on a temporary basis, 25% of the new vehicle may be discounted” the victim D at the Dong Fire C office located on the fourth floor of Seongdong-gu, Sungwon-si, Changwon-si, Sungwon-si, the Defendant would be able to pay the new vehicle at a discount of 25% of the new vehicle price, and at the rate of 12,300,000,000 won, which is 75% of the new vehicle price, the Defendant would give the wife through the Samsung Card, and if you purchase the said vehicle in the name of the victim in three-year installments through the Samsung Card, the installment amount shall be paid

However, in fact, when the defendant received KRW 12.3 million from the victim as above, he thought that he would pay the defendant's 12.3 million won as the investment amount related to the removal of the defendant to E, and there was no special measure to get a discount of 25% even if he purchased the new vehicle in lump sum, and he thought that the above payment was to be made monthly, but he did not have the intention or ability to pay it properly in the financial situation of the defendant at the time

Nevertheless, on March 5, 2012, the Defendant, by deceiving the victim, received money of KRW 12,30,000 from one bank account under the name of the Defendant as the vehicle price and acquired it by fraud.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Application of each police protocol of statement to E and D;

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

1. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, received money from the victim by deceiving the victim for the purpose of use beyond simply deceiving the victim’s ability to repay, etc. The type of punishment should be sentenced to imprisonment even if considering that the crime is not significantly damaged due to poor nature of the crime.

However, there is only one fine, and the victim does not want the punishment against the defendant by mutual consent with the victim and the defendant is against the defendant.