A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On July 1, 2016, the Defendant purchased the instant vehicle in the name of the victim B and paid the said vehicle installments by May 2017.

On June 2017, the Defendant stated that “The Defendant would normally pay monthly installments to the victim on the face of the change in the name of the C Spoon vehicle in the name of the victim at the office of the victim located in B during the Tnae-si of Gyeonggi-si.”

However, the defendant did not have the intention or ability to pay the remaining installments even if he was transferred the registered name of the above vehicle from the injured party.

Accordingly, on June 19, 2017, the defendant deceivingd the victim and caused the victim to change the registered name of the above vehicle to the defendant, thereby acquiring the above vehicle in the amount of KRW 22 million at the market price.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Investigation report [Report on the confirmation of the detailed statement of deposit transactions], investigation report [Report on the confirmation of text messages on a cell phone which is the complainant], investigation report [Attachment to the result of execution of a warrant of search and seizure];

1. Original Register of Automobile Registration;

1. Inquiries about the balance of claims;

1. A detailed statement of deposit transactions [the defendant and defense counsel shall only have registered the change of name at the request of the victim called A after transfer of the ownership registration name of the vehicle in this case, and shall bear the remaining installments of the victim;

It did not undertake a commitment

The argument is asserted.

In light of the following circumstances acknowledged by the evidence duly adopted and examined by this Court, the defendant continued to use the present vehicle after purchasing it in the name of the victim on July 1, 2016, and the victim did not exercise any right to the said vehicle. After purchasing the present vehicle in the name of the victim, the victim transferred the amount equivalent to the amount of installments from the defendant's account to the victim's account from the date of transferring the ownership of the said vehicle to the victim's account for the defendant.