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

Punishment of the crime

1. The Defendant commits fraud with the intent to acquire money from the victim C as if he/she were a vehicle subject to a public sale, by deceiving a vehicle that is a leased vehicle and is unable to transfer ownership, because it is a vehicle subject to a public sale;

A. On May 2013, the victim stated to the effect that “40 million won may be deducted from benz E300 to benz E300 that he/she intends to dispose of a public auction and transfer ownership.” Once he/she received cash amounting to 40 million won from the victim who believed it, he/she delivers benz E300 vehicles that he/she leased;

B. Around September 2013, the victim stated that “Around December 7, 2013, 2013, benzE 300 vehicles previously promised to be replaced with benz S350 vehicles, which would bring about more 20 million S350 vehicles, as it is possible to be replaced with benz S350 vehicles,” and received benz E300 vehicles from the believed victim in cash from the fenz, i.e., the victim received benz E350 vehicles from the victim at the end of November 2013, and then the victim received benz E350 vehicles from the victim at the end of December 7, 2013.

2. Around February 25, 2014, the Defendant: (a) towed the said benz S350 vehicle parked by the victim in front of the E-cafeteria located in E-cafeteria in E-city D; (b) moved the said vehicle to the benz service center located in Suwon-si, Suwon-si; and (c) stolen the said vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of F, G, and H;

1. Each police statement made to C, H, and I;

1. Each register of motor vehicle registration;

1. Details of each bank transaction;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal frauds against criminal facts: The point of larceny under Article 347 (1) of the Criminal Act: Article 329 of the Criminal Act;

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, crimes falling under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, crimes falling under Category 1 (Fraud) (Scope of Recommendation) of the Reasons for the Sentencing of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and crimes falling under Category 1 (Amount below 100 million won) and the basic area (6 months from June to January) [the scope of Recommendation] of crimes