A defendant shall be punished by imprisonment for six 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

[2015 Highest 180] Defendant A is a person who carries on the trading of used cars with D from November 2012 to November 2012.

D around December 14, 2012, at the E office located in Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-do, ordered Defendant A to post a notice stating that the Flux car is sold on the Internet, a medium- and high-speed trading site, and Defendant A posted a false notice stating that “Flux car is sold” on the Internet, a medium- and high-speed trading site, and the victim G who reported and contacted the above notice that the said car was sold at KRW 23,90,000.

However, the Defendant and D did not have been delegated with the authority to dispose of the said car for the said car, and even if receiving the purchase price from the victim, it was thought that it would be used as living expenses, entertainment expenses, etc., so there was no intention or ability to transfer the ownership of the said car to the victim.

The Defendant and D, as above, deceiving the victim and transferred KRW 23.9 million to the post office passbook (Account Number: I) in the name of the Defendant A on the same day from the victim.

Accordingly, the defendant, in collusion with D, got profits from property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. First written examination of suspect suspect regarding D by the prosecution;

1. Each police statement of G and H;

1. Application of this Act to output of deposit details;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reasons for sentencing [the range of applicable sentencing guidelines] under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below] (the scope of applicable sentencing guidelines]: fraud crime, general fraud, and type 1 (less than KRW 100 million): The recommended area in which the person concerned is nonexistent and the scope of recommended punishment: imprisonment with prison labor for not less than six months and not more than one year and not more than six months (decision of sentence). The suspended sentence is two years.