A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On October 18, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for robbery, etc. at the Seoul Central District Court on March 27, 2014, and the execution of the sentence was terminated at the Seoul Northern District Court on March 27, 2014. On April 20, 2016, the Seoul Northern District Court was sentenced to one year of imprisonment with prison labor and two years of suspended execution, and the said judgment became final and conclusive on April 28, 2016.

On March 2015, the Defendant purchased a vehicle that is unable to drive due to an accident during high-priced import, and then subsequently repaired the vehicle with a one-time vehicle with a view to returning after repair. On March 2015, the Defendant purchased a vehicle with a duty to purchase the vehicle (vehicle No. D) from the victim C at an irregular site with a view to purchasing it. Since the vehicle condition is very good, the Defendant would have a considerable benefit from the sale after repair.

After purchasing Earar vehicle, the automobile was repaired, and then the automobile was transferred, 39,360,000 won was transferred to the automobile purchase cost.

However, in fact, even if an automobile with the above arrop load is seriously damaged to the extent of being judged impossible repair, the above arrop cannot be appropriated for the repair cost and the automobile purchase cost. Therefore, even if the injured party receives money from the injured party, there was no intention or ability to deliver it to the injured party after the purchase and repair of the vehicle with the arrop load.

The Defendant, as such, by deceiving the victim, received a remittance of KRW 39,360,00 from the victim, to the SC bank account in the name of E around April 3, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Inquiries about the details of liquidity transactions;

1. Investigation report (F telephone conversations for a witness), investigation report (to hear statements from a witness G telephone and report thereon);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports (report attached to suspect A-related judgments, etc.);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the choice of punishment, and the choice of imprisonment;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. The latter part of Article 37 of the Criminal Code for the Treatment of Concurrent Crimes: