A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

【Criminal Power】 On September 4, 2019, the Defendant was sentenced to four months of imprisonment for fraud and two years of suspended execution at the Incheon District Court, which became final and conclusive on July 10, 2020.

【Criminal Facts】 The Defendant is a senior seller of the second class trading complex of “C” in Seo-gu Incheon Metropolitan City.

On March 16, 2019, the Defendant arranged the victims D (Nam, 26 years of age) to sell the B-to-face high-end vehicle of E in Incheon Seo-gu, and the vehicle price was sold in total of KRW 16,40,000,00 including relocation expenses, and the intermediary fee was 30,000,000 won.

However, in fact, although the actual vehicle price that the owner of the above vehicle sells is not less than eight million won and the amount that the defendant acquired as the intermediary fee in the middle has reached an amount equivalent to 7.43 million won, the defendant thought that the unjust enrichment of the above vehicle was an important way by not notifying the victim of the vehicle price in excess of the vehicle price and not notifying the intermediary fee properly.

The Defendant, by deceiving the victim as above, received KRW 16.4 million from the victim as the vehicle price on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A witness D's legal statement submitted by civil petitioners (a motor vehicle transfer certificate, an erroneous contract), documents to be submitted to the borrower's business (a motor vehicle transfer certificate, details of transactions, etc.);

1. Previous convictions in judgment: Unauthorized statements of disposition, report on results of confirmation, and application of Acts and subordinate statutes attached to judgment;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 of the Criminal Act and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The crime of fraud of secondary trading with the reason of sentencing Article 62-2 of the Social Service Order Criminal Act is a crime that undermines the sound and orderly trading order and is capable of an unspecified number of victims.

The defendant has committed a crime of fraud, and the police with regard to it.