A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[2010 Highest 2113]

1. On June 29, 2010, the Defendant: (a) at the office of “D” operated by the victim C in the column 7 of the first floor A, Seongdong-gu Seoul, Seongdong-gu, Seoul; and (b) to purchase the loan of E E E E E E E E E E E-cub vehicle with the account designated by the Defendant: (c) to preferentially lend the existing E-cub vehicle loan, 30 million won is first given; (d) to purchase the existing E-cub vehicle with the NA vehicle in exchange for the NAS vehicle with the NAS vehicle; and (e) to create a collateral security and to repay the loan without a molding plan; and (e) to raise a loan from C to believe that the horse is true; and (e) to receive a loan of KRW 30 million from the account designated by the Defendant.

However, in fact, the exchange contract for the NAS vehicle was not in progress at the time, and there was no funds to purchase the NAS vehicle due to the personal obligation.

Accordingly, the defendant was delivered property by deceiving C.

[2011 Highest816]

2. Where the defendant sells or sells used cars, he/she shall issue a performance test certificate to the purchaser, and notify whether or not he/she has broken down, repaired, or flooded, as a used motor vehicle broker operating a H located under subparagraph 5 of the G operation of the Il-dong, Mangsan-dong;

Nevertheless, around November 16, 2010, the Defendant sold a performance test to the victim I in the above H, and did not issue a performance test report to the victim I in 2010.

The victim transferred 20 million won to the account in the name of K used by the defendant on the same day, and 27 million won to the account in the name of the above K around November 17, 2010.

Accordingly, the defendant deceivings the victim, thereby deceiving 47 million won.

Summary of Evidence

[2010 Highest 2113]

1. Partial statement of the defendant;

1. Each legal statement of C witness and K;

1. The suspect interrogation protocol of the police against K;

1. A copy of an application for loans for the purchase of secondhand cars and a copy of an automobile registration certificate;