Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On April 21, 2014, the Defendant: (a) in Seocho-gu Seoul, where the Defendant is living, would exchange money with the BMW car from the victim E-W car owned by the victim in Seocho-gu, Seoul, where the Defendant is living; (b) the Defendant would pay money to the victim D.

A false statement was made.

However, in fact, the defendant thought that he would use the money received as the difference from the injured party for the difference and the money borrowed as a security for the above AW car as living expenses, etc., so even if he received a AW car from the injured party, he did not have the intention or ability to transfer the BM car to the injured party.

As above, the Defendant: (a) by deceiving the victim as above; (b) issued a car with Afriend equivalent to KRW 22 million in return for the same day from the victim; (c) transferred KRW 8 million in exchange for the same day; (d) KRW 2 million in exchange for the same day; and (e) KRW 5 million in May 8, 2014 to a new bank account in the name of each Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. Statement made by the police against D;

1. A complaint filed for DNA preparation;

1. Reporting on investigation (report on the execution of a warrant of seizure);

1. Application of the photographic Acts and subordinate statutes by cutting down a text message;

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act regarding facts constituting an offense, the choice of a fine (including the confession of a defendant to commit an offense in this case, the fact that the victim does not want the punishment against the defendant in agreement with the victim, and the health of the defendant is not good);

1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;