[Defendant A] The defendant A shall be punished by imprisonment for four months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendant

B On November 29, 2017, the District Court rendered a sentence of one year and two months of imprisonment for fraud, etc. at the District Court, which became final and conclusive on December 7, 2017.

Defendant

B is the representative of the D Motor Vehicle Industry Corporation located in Spocheon City C, and the defendant A is the head of the factory of the above industrial company.

Defendant

A around September 27, 2016, around September 27, 2016, the said car industry company made a false statement to the victim E, stating, “The vehicle price and the repair cost are combined, and the parts are 18 million won can be repaired on a face. At present, there are different parts. If the above vehicle is repaired, profit margin may remain at least 30 million to 4 million won.” The Defendant B made a false statement to the victim stating, “The vehicle owner is aware of the vehicle delivery. The vehicle can obtain profit from the sale by repair.”

However, in fact, the Defendants only attempted to receive money from the victims to use the most of them individually, such as industrial company operating expenses and living expenses, and did not have the intent or ability to transfer the vehicle to the victims.

From September 28, 2016, the Defendants conspired to deception the victim, and then acquired the money from the victim to the Hbank account in the name of the Defendant A by transfer of KRW 18 million from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Statement to E by the police;

1. A vehicle repair certificate, online remittance statement, motor vehicle registration certificate, confirmation document, and statement of transactions by account;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of B same kind of judgment);

1. Article 347(1) and Article 30 of the Criminal Act; Defendant A who selects a sentence for the crime; Articles 347(1) and 30 of the Criminal Act; Articles 347(1) and 30 of the Criminal Act; Selection of fines;

1. Defendant B who handles concurrent crimes: The latter part of Article 37 and Article 39(1) of the Criminal Act;

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A: