A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who has served as an official with Mesz Korea (State)B.

On May 1, 2017, the Defendant consulted the victim D and Benz E350D car at the office of the above company located in Seo-gu, Seo-gu, Busan on the condition of an advance payment of KRW 20 million (including down payment of KRW 1 million) on the condition of an advance payment type lease that he/she pays monthly rent, and received KRW 1 million on May 9, 2017.

On May 15, 2017, at around 18:00 on May 15, 2017, the Defendant made a false statement that the new bank account under the name of the Defendant is the above company account, and that the advance payment of lease would be deposited into the account under the name of the above Defendant.

However, in fact, even if the defendant received the above advance payment and received the payment from the injured party, he did not have an intention or ability to pay the said vehicle to the injured party by normally entering into the above advance payment contract.

The Defendant deceivings the victim as above and received a transfer of KRW 19 million to the account in the name of the said Defendant on five occasions in total under the pretext of advance payment for the same day lease from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of deposits into an account under the name of the recipient;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than ten years;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions], fraud, general fraud, and type 1 (less than KRW 100 million) [person subject to special sentencing] mitigation elements: Where considerable damage has been recovered (the scope of recommended punishment], one month to one year (the area of mitigation).

3. Determination of sentence: Imprisonment with prison labor for six months, and with respect to the crimes of this case committed by the defendant for one year of suspended execution, the nature of such crimes;