A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

Around February 6, 2009, the Defendant made a false statement to the victim I that “When he pays the purchase price of HA vehicle to HA, he would sell the vehicle and return a certain amount of money to the victim I.”

However, in fact, the above car sales store operated by the defendant had low sales performance and operated in a proper state, and failed to pay monthly wages, office rents, and various taxes for several months. Since there was no special revenue source, the defendant did not have any intention or ability to sell a motor vehicle and pay a certain amount of money to the victim even if he received the payment from the victim.

As such, the Defendant, by deceiving the victim, received 5 million U.N. (Korean KRW 75,710,500) from the victim for the purchase price of the motor vehicle from the victim, and acquired it through deception, from March 3, 2009 to March 3, 2009, the Defendant acquired 2,150,000 UN (Korean KRW 333,716,110) as the purchase price of the motor vehicle on a total of four occasions, as stated in the crime list by the foregoing method.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement to I;

1. Each motor vehicle import declaration, each import declaration certificate, each deposit certificate, and each motor vehicle sales contract;

1. Application of Acts and subordinate statutes to the investigation report (the amount converted into won currency related to the list of crimes);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Imprisonment with prison labor chosen;

1. From among concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [Recommendation and Punishment Standard] shall be sentenced to imprisonment for one year to four years (Fraud crime and the basic area of Type 2] [Pronouncement] imprisonment for one year and six months, the crime of this case refers to a false statement that sales proceeds and profits will be paid by selling an automobile, and the victim shall be punished.