Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is the owner of a Track vehicle B.

On September 3, 2018, the Defendant made a transaction with the victim C at the front parking lot of the Tonggjin-gu Office located in the Tonggjin-gu, Kimpo-si, Kimpo-si, Kimpo-si, stating that “The defendant will terminate the collateral security and transfer the name within 15 days after the contract is made on the vehicle.”

However, in fact, the Defendant had a large amount of debt, such as a loan, credit loan, and loan that was received at the time of the purchase of the vehicle, and the amount that ought to be paid as interest such as principal and interest was 5 million won per month, and the principal and interest of the debt of the collateral security established on the house was de facto nonexistent in excess of the purchase and sale price of the house, and thus, the Defendant could not terminate the establishment of the collateral security and transfer the name within 15 days as promised.

Nevertheless, the Defendant, as above, was accused of the victim, through a bank account (E) in the name of the Defendant on the same day from the victim, and acquired the total amount of KRW 9 million by transfer twice in the name of the purchase price.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Statement to C by the police;

1. Application of the motor vehicle transfer certificate, the F Bank transaction statement, the motor vehicle register, and the G reply details Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;