A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

On June 1, 2011, the Defendant told the victim D at Gwanak-gu, Seoul Special Metropolitan City, that “The Defendant would deliver one vehicle for the 2010-type Poter to the face of the first deposit of the money.”

However, the Defendant had no intention or ability to deliver a used vehicle even if he did not receive the money from the victim, because the Defendant failed to pay the vehicle price liability remaining in the vehicle purchase transaction and the credit card use price, etc. to the seller, even if he received the money from the victim, and even if he did not secure a used vehicle even at the time of receiving the money from the victim, he did not have an intention or ability to deliver the used vehicle.

Nevertheless, the Defendant, by deceiving the victim as above, received 9.9 million won from the victim’s new bank account in the name of the Defendant to the new bank account in the name of the Defendant, and also received from the victim.

7. By the end of 29.2, a total of 16 times as shown in the annexed sheet of crime, the victim acquired a total of 220,300,000 won from the victim by remittance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Details of deposit transactions and application of statutes of each motor vehicle registration certificate;

1. Article 347 (1) of the Criminal Act by universal application of relevant provisions concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [decision of the type] fraud, general fraud, and Type 2 [Special Sentencing] [Scope of Recommendation] Imprisonment from October to two years and six months (limited to mitigation area] / The reason for the suspension of execution is comprehensively compared and assessed - The positive reason for the suspension of execution - The positive reason for the suspension of execution - The positive reason for the suspension of execution : the positive reason for the suspension of execution - The reason for the suspension of execution is clear social relation - the social relation - there is no serious reflector, the negative reason for the suspension of execution - The reason for the suspension of execution : The defendant was guilty of the same criminal record [decision of the sentence] and did not recover