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

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

Punishment of the crime

[Presumption of Facts] The Defendant and C, with knowledge of the fact that they may receive a lawsuit without paying the successful bid price from D, which has been frequently conducting a small auction, in the contingency market (small auction market) managed by the permanent livestock industry cooperatives of victims. Even if they received the lawsuit, they did not receive the successful bid price, they participated in the auction and participated in the lawsuit, but did not receive the successful bid price, and then sold the lawsuit at another place through D, and then gathered in order to divide the proceeds therefrom.

Accordingly, in order to verify whether the defendant and C actually could commit the crime by the above methods, on July 25, 2014, visit the friendship market operated by the victim who was permanently 885-1, I confirmed the method of auction, and around that time, draw up E and F to which the defendant will participate in the actual auction, and C will deliver their successful lawsuit to D, and on August 4, 2014, prepare for the crime, such as educating the E, F, and the defendant for auction, etc., and D will bring about the lawsuit awarded a successful bid by E and F, sell and purchase it, and pay the price to C.

[2] Accordingly, the facts constituting a crime are as follows: (a) on August 5, 2014, E received a bid by presenting an identification card as if he/she would purchase a lawsuit to an employee belonging to the permanent livestock industry cooperative of the victim and then participated in the auction under the name of E, and (b) received five copies of the lawsuit amounting to KRW 28,005,100 in the market price under the name of E, and (c) completed five copies of the lawsuit amounting to KRW 19,962,50 in the name of F, and completed a written confirmation of the obligation and deposited the bid price on the next day.

그러나 사실 피고인과 C, F, E, D는 피해 자로부터 소를 인도 받더라도 즉시 다른 곳에 소를 매도 하여 그 돈을 가로챌 생각이었지 피해자에게 낙찰대금을 지급할 의사나 능력이 없었다.

Ultimately, the Defendant conspireds with C, F, E, and D, as above.