A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

The defendant is a secondhand trader, and the victim B is a customer who has purchased a vehicle from the above company.

Upon filing a criminal complaint and filing a prosecution, the defendant had tried to sell vehicles on a better condition to the victim in order to prepare the agreement, and acquired the vehicle price by fraud.

On April 26, 2019, the Defendant stated that “Around April 26, 2019, the Defendant would purchase existing BMW vehicles, and would allow the Defendant to purchase a new BMW vehicle (C; hereinafter “instant vehicle”) with low interest loans.”

However, the Defendant did not have any intent or ability to sell the instant vehicle even if he received money from the victim because the Defendant was entrusted with the sale of the instant vehicle or did not have been consulted with the borrower on the sale.

The Defendant received 16 million won from the victim as the down payment of the instant vehicle in the name of the Defendant on the same day as the down payment of the instant vehicle from the victim, and acquired 25 million won in total from the G Bank account in the name of the F Bank (H) under the name of the Defendant on the 29th day of the same month, and acquired 41 million won in total.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning B;

1. Certificate of automobile transfer;

1. An application for a medium and long-term debate;

1. Automobile registration certificate;

1. Details of remittance;

1. A specification of transactions;

1. List of related cases, application of Acts and subordinate statutes in indictment;

1. The relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, the reason for sentencing of sentence [the scope of recommending punishment according to the sentencing guidelines] The crime committed by fraud in which the defendant acquired money exceeding KRW 40 million in total under the name of sales proceeds from a false statement as if he/she sold a vehicle to the victim, thereby obtaining money from the victim in excess of KRW 40 million.

In light of the attitude and degree of deception committed by the defendant, the crime of this case is not good, and the defendant is the same type of crime.