A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is a foreigner of Russia who actually runs a stock company C for the purpose of export and import trade in used cars.

On October 13, 2014, the Defendant deposited USD 55,000 in the purchase price with the victim E using a computer e-mail at the C office located in Seongdong-gu Seoul, Seongdong-gu, Seoul, and then delivered the Lone Star Co., Ltd. to the Russton, on the face of the week.

“Along with the victim, I have concluded a sales contract with the victim in Ireland.”

However, the Defendant Company C, which was operated by the Defendant, was unable to pay the office rent due to the deepening of business management from March 2014, and thus there was no intention or ability to deliver the vehicle to the victim even if he received the money from the injured party.

On October 13, 2014, the Defendant received USD 55,000 ($ 60 million equivalent to KRW 1,000), in total, from the same account on October 29, 2014, for a corporate bank account under the name of the Co., Ltd. for the purchase-price of Lone Star.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. Statement made by the police with regard to F;

1. G statements;

1. A certificate or written statement of the victim (the original or translation);

1. A transportation contract (Korean, Russian, and Russian);

1. Price payment contract;

1. Bosch Rexroth photographs;

1. The details of each deposit (Korean, Russia) (Evidence Nos. 28 through 31 of evidence);

1. Application of Acts and subordinate statutes to an investigation report (C poor management and unpaid rents);

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

1. Determination as to the defendant's assertion under Article 62 (1) of the Criminal Code of the Suspension of Execution

1. The Defendant alleged that he had the intent and ability to deliver the said passenger car at the time of the sales contract with the victim, and currently was prepared to deliver the said passenger car, but the value of blueing.