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 becomes final and conclusive.

Punishment of the crime

The defendant is an employee of C in Seo-gu Incheon.

On September 15, 2017, the Defendant made a false statement to the victim’s cosmetic operator cosmetics in Daejeon-gu, Daejeon-gu, that “I wish to purchase the G Amateur car listed on the F website at KRW 21 million.” The Defendant stated the “F website0,000,000,000 in the column for the down payment for the certificate of the transfer of the vehicle,” and the “one million,000,000 won” in the column for the sale amount, and that the sum of these amounts will be paid twice.”

However, at the time of fact, the Defendant was financially difficult due to the lack of certain income, such as failure to pay mobile phone charges and tax, and the victim was willing to prepare and use the living expenses by selling it to others. Therefore, there was no intention or ability to pay the balance of 10.5 million won due to the sale of the car to the victim.

The defendant paid 10.5 million won to the victim as down payment, and received a G A clinic car in an amount equivalent to 21 million won at the market price from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act;

1. Circumstances, such as the fact that the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act does not amount to a significant damage, and the criminal method is not good, and that the defendant was unable to take advantage of the victim, are considered disadvantageous to the defendant.

However, in civil cases, the judgment becomes final and conclusive that the employer of the defendant pays the amount of damage to the victim, the defendant reflects the crime, the defendant has no record of crime, and the age, character and conduct, environment, family relationship, and crime.