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 becomes final and conclusive.

Punishment of the crime

On April 8, 2016, the Defendant stated to the victim B that “The Defendant would exchange the vehicle owned by CFF and Dbenz S500 L cars owned by the victim. First, in the event that the Defendant delivers the vehicle under his name and transfers the name, the Defendant would pay 17 million won of the difference in the vehicle price by receiving the payment of the cost of construction in the coffee shop, and then transfer the remaining installments of the car to the name of the Kafman vehicle after paying the full payment of 17 million won of the remainder of the car.”

However, at the time, the Defendant, as a person with bad credit standing, was in a cumulative state of debt such as construction material payment liability, and the Defendant was planned to borrow money by providing benz passenger cars delivered by the victim as collateral or to use the money to repay other debts or pay a fine imposed on the Defendant. As the victim promised, the Defendant did not have the intent or ability to transfer the name after the completion of the obligation to pay 17 million won or to pay knit installments to the Defendant.

Nevertheless, as above, the Defendant, by deceiving the victim, obtained from the victim the vehicle of 2009 Dobenz S500 L from the victim, which is equivalent to the market value of 35 million won.

Summary of Evidence

1. The defendant's partial statement (a statement to the effect that the fact that the remaining installments of the car has not been paid in full is recognized);

1. Legal statement of the witness B;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including the B substitute part)

1. Partial statement of the police interrogation protocol of the accused;

1. The police statement concerning B;

1. A complaint;

1. Investigation report (verification of details of mortgage creation), investigation report (Listening to telephone statement in B which is a complainant related to benz vehicle market price, and reporting accompanied by a certificate of automobile insurance purchase);

1. Application of each register of automobiles statutes;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of penalty;