Defendants shall be punished by imprisonment for six months.

However, with respect to Defendant B, the same shall apply for one year from the date this judgment became final and conclusive.

Punishment of the crime

Defendant

A was sentenced to three months of imprisonment for embezzlement at the Suwon District Court on January 31, 2013 and the execution of the sentence was terminated on February 13, 2013. On August 12, 2016, at the Seoul Central District Court sentenced to imprisonment for larceny, etc. and fine of KRW 12 million, and one million became final and conclusive on October 10, 2016.

From July 2013, the Defendants offered the MF5 car and news service car offered as security by a third party to the victim D as a used car, and borrowed KRW 15.5 million, but failed to repay the borrowed money to the victim. While the Defendants borrowed the above 15.5 million, they were returned from the victim each of the above vehicles.

When the Defendants were urged to pay off the obligation from the victim without selling each of the above automobiles, they received each of the above automobiles from Defendant A, and called the victim as if they exchanged with the FK9 car offered by Defendant A as security, and provided the victim with KS as security, but again, decided to divide the price by receiving KS9 car returned from the victim and selling it.

Accordingly, around August 9, 2013, in the office of "H", a used vehicle trading company operated by the victim in the Kugwon-gu, Suwon-si, Suwon-si, the victim made a false statement to the victim as if he exchanged each of the above automobiles with K9 automobiles, and delivered K9 automobiles to the victim, and then the victim would pay KRW 25 million to the victim if he re-transfers K9 automobiles again.

However, the above K9 car is provided by Defendant A as security from another person, and the Defendants and E, even if a vehicle is returned from the victim again, have the intent or ability to pay the agreed money to the victim by selling it.