A defendant shall be punished by imprisonment for not less than two months.

Punishment of the crime

[Criminal Power] On February 8, 2017, the Defendant was sentenced to imprisonment for four and a half years with prison labor at the Gwangju District Court for fraud, etc. and for the same month.

2. On April 19, 2017, the said judgment became final and conclusive on the 27th of the same month after having been sentenced to two months of imprisonment for fraud in the same court.

【Criminal Facts】

The Defendant is a person who served as a motor vehicle dealer at the agency of the C Co., Ltd. located in Gwangju Northern-gu from February 26, 2013 to March 3, 2016.

On July 7, 2015, the Defendant said that “The Defendant would purchase the F Kanche vehicle under the name of C employee by communicating the victim E and purchasing the vehicle under the name of C, and at a low level by sending the vehicle again.”

However, in fact, G was not an employee of the said company, and the Defendant entered into a contract for the purchase of a vehicle with the name of G and received the vehicle from the installment financing company, and the said vehicle was mortgaged, and it was thought that it was used in paying the installment payment even if the vehicle was paid by the victim, so there was no intention or ability to transfer the ownership of a vehicle without restriction on rights as agreed to by the victim.

As above, the Defendant, by deceiving the victim, transferred KRW 30,110,000 to the national bank account in the name of the Defendant, including KRW 14,00,000 on August 12, 2015, KRW 10,000 on April 1, 11, KRW 3930,000, KRW 3930,000, and KRW 2181,00 on April 5, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A certificate of deposit, statement of deposit and withdrawal financial transactions, register of automobiles and registration certificate;

1. Previouss before judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of whether related cases are confirmed);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The sentencing of the latter part of Article 37 of the Criminal Code and Article 39(1) of the Criminal Code are applicable to the crimes of this case.