A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. On April 17, 2017, the defrauded made a false statement to the effect that “I would sell DMW high-speed automobiles to I would sell DM high-speed automobiles to I,” by presenting “I will sell DM high-speed automobiles” in the column of “accident” and “I will not have any simple parts” to the victim C, respectively, from the trading company of the Defendant’s operation in Gangseo-gu Seoul Metropolitan Government. This vehicle is a non-accident and a non-accidentd vehicle, and is a vehicle without any simple parts.”

However, in fact, the said car has been one time of flood accident history and eight times of general accident history, and the record of the inspection of performance status of the above used cars was a document prepared by the defendant in falsity.

As above, the Defendant, by deceiving the victim as above, received KRW 15.8 million from the victim for the sale price of passenger cars on the same day and acquired it by deception.

2. No person who violates the Automobile Management Act shall run the automobile management business, such as the automobile transaction business, the automobile maintenance business, the automobile dismantling and recycling business, without making a registration with the competent authority;

Nevertheless, from the lower order in 2013 to April 17, 2018, the Defendant conducted a motor vehicle transaction business against many customers, including C, without registering with the competent authority at the place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on information about history of a secondhand accident;

1. Name cards and photographs;

1. Inspection records of performance status of used cars; and

1. Certificate of automobile transfer;

1. Application of the Acts and subordinate statutes governing the car dealer certificate;

1. Relevant legal provisions for facts constituting an offense, Article 347(1) of the Criminal Act (Fraud), Article 79 subparag. 13 of the Automobile Management Act, and the main sentence of Article 53(1) of the Automobile Management Act (limited to the occupation of running a motor vehicle transaction business without registration, and inclusive) and choice of imprisonment with prison labor

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act.