Defendant shall be punished by a fine of KRW 7,000,000.

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

Punishment of the crime

On November 9, 2015, the Defendant made a false statement to the victim D, “A monthly installment loan to EM7 passenger cars whose father is his/her father’s name, and succeeds to the loan to be made by moving the name of the said installment loan to his/her name within three months, and the vehicle will also be transferred to B, so the Defendant would sell the said vehicle to B.”

However, in fact, the Defendant was difficult to take economic circumstances such as delinquency in the repayment of the loan to a financial institution without any particular property or profit at the time, and there was also unclear credit recovery to the extent that he can succeed to the loan of the said vehicle. Therefore, even if the said vehicle is delivered from the victim, the Defendant did not have the intent or ability to allow the payment of the promised installments and

The Defendant received from the victim a share of 14.7 million won at the market price in which the victim operates and manages on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (NICE evaluation information reply), investigation report (calculated on November 2015, the date and time of the crime);

1. Application of Acts and subordinate statutes to the comprehensive details of vehicles, automobile registration certificates, certificates of automobile insurance coverage, vehicle loan documents, text messages, photographs, replies, applications for automobile loan, and outputs of heavy market prices;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act is that the defendant was sentenced two times to imprisonment with prison labor for the same kind of crime, but the recidivism during the repeated crime period is unfavorable.

However, the defendant recognized the crime of this case and reflected the mistake, the vehicle of this case was returned to the victim, part of the actual amount of damage to the victim, and other favorable circumstances, such as the fact that the defendant paid and agreed to do so.