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

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

Punishment of the crime

On November 30, 2009, the Defendant entered into a sales contract with the victim D to purchase the Track (LG110-90DT, and E) on November 30, 2009, stating, “I would have the Track (LG110-90DT, and E) to transfer the ownership in the name of the author if the balance is paid in full by March 30, 201 in the state of being placed in D’s name until repayment of the balance.”

After that, the defendant, while using the Track for the victim, has kept the Track for the victim, sold and handed over the Tracker to the Tracker on June 201.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A notarial deed, a sales contract;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. The crime of this case for the reason of sentencing under Article 62(1) of the Criminal Act is a case where the defendant transferred a Track to another person while he did not pay 12.5 million won of the balance while he purchased a Trackter from the victim and used a Trackter as a condition that ownership is reserved until the balance is paid in full. The defendant is against the recognition of the crime, and the defendant deposited 5 million won as a repayment for damage, and the defendant deposited Track as a result of the defendant's age, health status, and criminal records, etc. shall be determined and sentenced to a suspended sentence as ordered by the order.