A defendant shall be punished by imprisonment for three years.

Punishment of the crime

On November 2012, 2012, the Defendant, along with C, D, E, F, G, sexual incompetuous H (hereinafter referred to as “J”) and F, was planned to attract the victim K (27 years of age) who purchased and sold a middle and high smartphone to a limited place by means of loan of transactions in a middle and high smartphone, with the Defendant, C, and J planned to deduct the victim from the money provided by the Defendant to purchase a middle and high smartphone by covering the scene of transactions in a middle and high smartphone, referring to the police, etc.

Accordingly, at around 02:00 on November 27, 2012, the Defendant boarding and driving a car with C and Apaton, and moved the victim, who was in the entrance of the sub-market in Guro-gu Seoul, Guro-gu, Seoul, to the above car, and C moved the car to the Yaeung-si parking lot at the king-si, Gyeonggi-do.

Then, the facts are as follows: (a) since the accomplice who is the most accomplice to the police gets together; (b) it was planned that C will not have the intent or ability to sell the heavy smartphone as a petition even if he received the purchase price for the heavy smartphone from the victim; (c) at around 03:00 on the same day, C did not have the intent or ability to sell the heavy smartphone as a petition; and (d) at around 00:00, C had shown the heavy smartphone in the between the above passenger car and the above passenger car in order to sell the smartphone normally, as if C would sell the money to the victim and normally sell the said smartphone, it was delivered KRW 20 million by deceiving the victim; and (d) immediately thereafter, D driver 5 car arrives at the above parking lot; (c) there was no intention or ability to sell the heavy smartphone as above, and even though C did not have the intent or ability to sell the above smartphone, C had the above S5 car and goods directly with the victim as the owner of the above S5 goods.