A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On February 7, 2014, around 17:00, the Defendant told the Victim F to “on the street in front of the E hotel located in Sinsi-si, Sinsi-si, the Defendant: (a) reported that “on the transfer of the G K9 car to B, he would find the heir who will succeed to the G K9 car he leased to B; (b) transfer the name; and (c) handle all the rent paid until then.”

However, even if the defendant takes over the vehicle from the victim, he did not have the intention or ability to transfer the name to another person or handle the lease price paid by the victim, and he did not dispose of it in another place in the name of the passenger.

As above, the Defendant, by deceiving the victim as above, obtained from the victim a k9 car unit with the market price of KRW 60,80,000 from the victim and acquired it.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, H, and I;

1. Application of Acts and subordinate statutes to the filing of a complaint, a lease agreement, and a details of lease payments;

1. The reason for sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the choice of imprisonment [the scope of recommending punishment] of general fraud [the scope of punishment] where mitigation area (one to one year), mitigation area (one month and one year), punishment not to be imposed, or where considerable damage has been restored [the decision of sentence] where the defendant is divided by mistake, and the points agreed with the victim are favorable to the defendant.

However, even around 2004, the Defendant had been sentenced to the suspended sentence of three years and the probation and community service order in one year and six months of imprisonment due to fraud, etc., and committed the instant crime during the suspended sentence period, and the circumstances after the instant crime have been arrested and detained are also not good.

These circumstances and other factors comprehensively taking into account the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, etc., the punishment as ordered shall be determined.