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

except that 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

At around 11:30 on September 18, 2019, the Defendant posted a letter to “B” on the Internet used trading website “B,” and said, the Defendant said that “The Defendant would send the Obabato the victim C who contacted the victim with “B MW R 1200G Oba”.

However, there was a need for repair equivalent to KRW 4,358,760 at the time of repair due to the fact that the Defendant was destroyed by traffic accident on March 6, 2019, which he/she intends to sell, and the fact that it was confirmed that he/she had been able to handle the total damages from the insurance company. Therefore, even if the Defendant received the payment from the victim, he/she did not have the intention or ability to send the normally available ozone.

Around September 24, 2019, the Defendant, by deceiving the victim as above, received money of KRW 17,200,000 from the victim through a bank account (E) in the name of the Defendant in the name of the Defendant, and fraudulently acquired it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of written estimates for automobile inspection and maintenance;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. One month to ten years from the date of imprisonment in the scope of punishment by law;

2. Scope of recommended sentences according to the sentencing criteria;

(a) The amount of general fraud [Type 1] less than 100 million won;

(b) Mitigation elements for special persons who are sentenced to punishment: No punishment shall be imposed;

(c) The scope of recommendations and the scope of recommendations mitigated (one month to one year for imprisonment);

3. Circumstances disadvantageous to the decision of sentence: The defendant has a record of being sentenced to a stay of execution of imprisonment for the same crime; and

The favorable circumstances shows the attitude of the defendant to recognize and reflect the crime of this case.

The defendant expressed his intention that the victim would not want the punishment against the defendant by mutual consent with the victim.

The above unfavorable circumstances, favorable circumstances, and conditions.