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

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

Punishment of the crime

The Defendant is a person who operates a motor vehicle trading company with the trade name of “stock company C” in Busan-gu, Busan-gu.

1. Around March 27, 2019, the defrauded concluded a sales contract for the instant car with the victim D and C, a stock company, at the said C office, and concluded a false statement to the effect that there was no mortgage established on the said car.

However, as of December 11, 2018, a mortgage was established on the said car, which is the mortgagee’s “FF Co., Ltd.”, “Defendant Co., Ltd. Co., Ltd.”, and “6,846,000 won in the bond value.” Nevertheless, around March 27, 2019, the Defendant enticed the victim as above and transferred KRW 38,40,000 from the victim to the corporate bank account (G) in the name of the Co., Ltd., Ltd., for the sale proceeds. Accordingly, the Defendant was delivered property by deceiving the victim. On March 30, 2019, the Defendant forged private document: (a) on the file form “the transferee’s name” on the file form, “C,” stating “D’s “the name” column, “H” column, and address” column as “the name and seal affixed to D’s name and seal affixed to D’s name and seal affixed to D’s name on March 30, 2019.”

Accordingly, for the purpose of exercising, the Defendant forged a certificate of automobile transfer in the name of D, which is a private document on rights and obligations, and a sales contract for a used motor vehicle.

3. On March 30, 2019, the Defendant was unaware of the forgery of a contract for the sale of a motor vehicle, a certificate of the transfer of a forged motor vehicle, and a contract for the sale of a used motor vehicle, which was not known at the Busan Metropolitan City Office for the Registration of Motor Vehicles in Suwon-ro, Suwon-ro, Busan, as stated in the foregoing paragraph (2).