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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
C and D offered the SM5 car and news service car offered as security by a third party around July 2013 to the victim E, and borrowed KRW 15.5 million from the victim and failed to repay it. While the victim borrowed from the third party, the victim made a statement to the effect that the victim will pay the debt by selling each of the above automobiles, it was returned from the victim, but it was urged by the victim to pay the debt without selling each of the above automobiles.
The defendant, together with C and D, accepted each of the above vehicles from C and stated that C would be exchanged with FK9 vehicles offered by others as security, and offered K9 automobiles to the victim as security, but decided again to sell it by return from the victim and divide the price.
Accordingly, around August 9, 2013, at the office of “H”, a used vehicle trading company operated by the victim in Kugwon-gu, Suwon-si, the Defendant made a false statement to the victim as if he exchanged each of the above automobiles to K9 automobiles with K9 automobiles, and delivered it to the victim, and then, the Defendant made a false statement to the effect that “The Defendant would pay KRW 25 million to the victim if he re-transfers K9 automobiles to the victim.”
However, the fact is that the above K9 car is provided as security by the other party, and the defendant, C, and D did not have any intent or ability to pay the agreed money to the victim even if they are delivered again from the victim.
Accordingly, the defendant, in collusion with C and D, deceiving the victim as such, and the defendant obtained KS9 car which is equivalent to 25 million won at the market price on the same day from the victim and acquired it by fraud.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made by witnesses E in the second protocol of the trial;
1. Trial records of the third time;