A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Criminal facts

1. On October 18, 2014, the criminal defendant against the victim C made a false statement to the victim C that “When paying the price, he/she will transfer the ownership of D SPP car” at the company selling SPP car in U.S. located in Seo-gu, Seoul Special Metropolitan City (State) No. 1138-11 of the said 138-11.

However, in fact, the owner of the above car is E company F, and the defendant was F only 10,000 won as down payment to F, so even if he was paid the money as the purchase price from the injured party, he did not have the intention or ability to transfer the ownership of the above car to the victim.

In doing so, Defendant 1 received a false statement from the victim as above, 766,00 won from the victim’s account (G) in the name of the Defendant, 765,000 won from the 19th day of the same month, 765,000 won from the 19th day of the same month, and 3,000,000 won from the 20th day of the same month, and 8,261,000 won from the 21st day of the same month.

2. Around November 16, 2014, the Defendant made a false statement to the effect that “The Defendant would purchase a used motor vehicle from a motor vehicle located in his/her own Eup/Myeon” at the victim H management J 110 office located in Seojin-gu Seoul Special Metropolitan City, Seojin-gu, Seoul Special Metropolitan City.

However, in fact, since the defendant received money from the victim from the beginning and tried to use it as living expenses, etc., he did not have the intention or ability to purchase used cars.

However, Defendant 1 received a false statement from the victim and received a remittance of KRW 2.5 million from the victim’s account (G) in the name of the Defendant, KRW 90,00 won from the victim, KRW 3.22 million from the 18th day of the same month, KRW 3.28 million from the 19th day of the same month, KRW 8.28 million from the 20th day of the same month, KRW 60,000 from the 24th day of the same month, and KRW 15,50,000 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C and H;

1. Application of Acts and subordinate statutes to a report on investigation (report on telephone calls) and details of transactions of deposits and withdrawals;

1. Article 347 of the Criminal Act of this Act concerning criminal facts.