A defendant shall be punished by imprisonment for one year.

except that 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

On November 1, 2009, the Defendant consented to purchase two high pet vehicles intending to be purchased by the victim B by using the name of Defendant and Defendant C after the school of the Defendant and the Defendant, and ordered two high pet vehicles in the name of the Defendant and C at the center of the day-to-day Mansan-dong, Yongsan-gu, in accordance with the terms and conditions of the consent given by the victim, D, who was delegated by the victim, ordered the two vehicles in the name of the Defendant and C. On November 19, 2009, the victim remitted KRW 69,837,100 to the account of Hyundai Motor Vehicle New Bank around 16:10 on November 16, 2009.

However, as above, the Defendant purchased a low-priced vehicle in the name of the Defendant and C, confirmed the fact that the payment was remitted, and revoked the order of the low-priced vehicle and raised the remitted money to be used for personal purposes.

At around 17:00 on November 19, 2009, the Defendant called the “Modern Motor Daily Heading Point” and sent this money to the employee E in charge, “I have to use the money in preference to any other place than the company’s business operation, and has given the money to the Modern Motor. In addition, I and C’s cancellation of the application for vehicle purchase ordered in the name of A and C, and the return of the money is demanded.”

On November 20, 2009, the Defendant, by deceiving E as such, received 69,837,100 won of the vehicle price paid by the victim using the Agricultural Cooperative Account (Account Number:F) and the National Bank Account (Account Number: G) in the name of the Defendant, from E, and acquired the money.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol regarding C;

1. Each police statement concerning B and D;

1. A statement of transactions, a copy of a written estimate, the current status of deposits by branch, a copy of the refund, a copy of a copy of the financial transaction information, a copy of the inquiry, a statement of transactions, an inquiry into the register of transactions by cashier's checks number, photographs, and a report

1. Application of statutes concerning criminal records;

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

1. The Criminal Act, the suspension of execution;