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

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

Punishment of the crime

C From February 2014, Defendant A operated “D gas station” and “E gas station” under Defendant A’s name. The Defendant, upon Defendant C’s request, registered the business under his name with respect to “D gas station” and “E gas station.”

On August 2014, the Defendant and C purchased a vehicle in the form of a lease contract under the name of the Defendant, which is the above gas station business operator, and conspired to sell it.

Accordingly, on August 8, 2014, the Defendant purchased the first vehicle for the use of the victim's 62,362,580 won at the victim's market price from the victim's Dog Capital Co., Ltd. and the first vehicle for the use of the victim's 49,692,140 won at the market price and the first vehicle for the use of the H A4 in the form of lease. The Defendant would pay 2,647,400 won to the employee in charge of the victim's vehicle for 60 months. The Defendant made a false statement to the effect that the Defendant would return the vehicle when he/she did not pay one installment at all once or once.

However, even if the defendant and C were to receive the two above vehicles from the injured party, they only intended to dispose of them to another person by the 's 's 's 's 's 's 's 's vehicle', and there was no intention or ability to return the vehicle to the injured party when the contract is not made.

In collusion with C, the Defendant, by deceiving the victim through such a method, received two identical vehicles from the victim, which are equivalent to the total market value of KRW 112,054,720 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. Each police statement made to I and J;

1. Each contract for leasing motor vehicle facilities and each motor vehicle registration certificate;

1. - Application of trading laws and regulations

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act provides that a suspended sentence of execution (a) shows the attitude of confession and reflecting a crime, and the degree of participation in the crime is relatively weak.