A defendant shall be punished by imprisonment for one year.

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 May 5, 2017, the Defendant, through E, engaged in a vehicle trading business before Sungnam-si, Sungnam-si, Ma, with a vehicle trading business, will succeed to the Genz car that entered into a lease contract under the name of the victim to another person.

A person who succeeds is the representative of a corporation, which is sufficient refeasible to succeed the leased vehicle, and the name of the vehicle is a plan to succeed to the listed company in the future.

However, in fact, the Defendant did not take a normal procedure for the succession of the lease contract, such as confirming the corporation that was agreed to succeed to the lease contract or preparing the contract, and did not take a normal procedure for the succession of the lease contract and collected only the brokerage fee and transferred the leased vehicle to H in mind. He was unable to pay the lease fee from time to time because the financial standing of the company jointly operated with I at the time is not good, and the victim’s lease vehicle was transferred in name.

Even if the listed company has not agreed in advance, it did not have any intention or ability to succeed to the lease contract even if it takes over the vehicle from the injured party.

On May 23, 2017, the Defendant received from the injured party the passenger car equivalent to KRW 99,323,328 of the unpaid lease fee.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of I and E in part;

1. Part concerning H’s statement in the protocol concerning the examination of the suspect against the defendant (three times, the examination of the suspect);

1. Statement made by the police with regard to F;

1. Each investigation report (the defendant and defense counsel asserts that there was no intention to deception the victim at the time.

However, the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, namely, ① the defendant was aware of the process of the succession to the lease contract as a person who had been about nine years of the work of middle and high-ranking trading brokerage.