A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year and six months from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 2, 2020, the Defendant: (a) written on January 2, 2020, the Defendant: (b) sold a D NAS G80 car to the Victim B’s Highest Sales Site C; (c) had access to the victim as if he purchased the vehicle and received the vehicle; and (d) had the intent to obtain the purchase price by selling the said vehicle to another Highest Sales Company.

Around 10:00 on January 9, 2020, the Defendant made a false statement that “The Defendant would purchase vehicles at KRW 43,000,000,000,000, which is the real price of each vehicle without a problem after undergoing a vehicle performance test: Provided, That due to the issue of collection and registration tax, the vehicle price is lower than 36,50,000,000,000,000,000 won, if it is deposited into the domestic account, the Defendant would transfer the vehicle again.”

그러나 사실 피고인은 피해자로부터 위 승용차를 구입할 의사가 없었고, 위와 같이 매매대금을 가로챌 생각이었을 뿐이므로, 피해자가 3,650만 원을 입금하더라도 피해자에게 4,300만 원을 돌려줄 의사나 능력이 없었다.

Nevertheless, on January 9, 2020, the Defendant received 36.5 million won from G to the account of community credit cooperatives (H) in the name of the Defendant from the victim and acquired money from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of statutes to post on the Internet, a photographic vehicle, the contents of conversations (a complainant, suspect), the contents of text dialogue (a complainant, a suspect) and the details of account transfer;

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, by deceiving the victim, causing considerable economic damage to the victim, and the responsibility is not somewhat strict in light of the criminal intent of the defendant.

An aggrieved person shall transfer the ownership transfer registration of a vehicle.