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

However, 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

On July 26, 2016, at the defendant's house located in Seo-gu Incheon, Seo-gu, 101 Dong 807, the Defendant posted a notice to sell Emeras Balb Blue Motor Vehicle (F contact number of sellers 36,00km in 2015) on the D Internet used motor vehicle brokerage site using computers.

On July 27, 2016, the Defendant reported and contacted the above writing on July 11, 2016, and concluded a sales contract with the victim G, stating that “The Defendant himself is the borrower and is an individual vehicle not a legal entity, and would sell KRW 64 million.” On the same day, the Defendant purchased and sold the victim in front of the Seo-gu Incheon Enterprise Bank, Seo-gu, Incheon, 252,00,000,000,000 won.

However, in fact, the Defendant was merely a person who lent the above marina vehicle leased by the Defendant’s senior mother and did not have the right to dispose of the said marina vehicle, and the said sales contract was concluded on the ground that it was urgently needed to pay debts to his/her relatives at the time, and even if he/she received the purchase price from the victim, the Defendant did not have the intent or ability to transfer the name of the vehicle to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 62 million from the victim around July 27, 2016.

Accordingly, the defendant deceivings the victim and defrauds the 62 million won.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Automobile register;

1. Information published in E Maras D;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution (Consideration of the fact that there is no military force to commit a crime heavier than a suspended sentence of imprisonment, agreement, and outline;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;