A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

In fact, even if the defendant received money from the victim C as investment money, he did not have the intent or ability to make profits by selling it after purchasing it. In fact, the defendant was a plan to use the money received from the victim as investment money for his debt, living expenses, etc.

Nevertheless, on November 2014, the defendant would make the victim's profits from the market price by selling the vehicle after purchasing it at the office of the defendant in the Seo-gu, Seo-gu, Gwangju.

On the 13th day of the same month, the payment of 22 million won is made to the victim for the purchase cost of the secondhand vehicle in order to divide profits according to the investment ratio, and the payment of 13 million won for the purchase cost of the secondhand vehicle in the same month is made on the 17th day of the same month, the payment of 15 million won for the purchase cost of the secondhand vehicle in the same month is made on the 19th day of the same month, and the payment of 15 million won for the purchase cost of the secondhand vehicle in the same month is made on the 21st day of the same month, and 8.57 million won is paid for the purchase cost of the secondhand vehicle in the same year on the 15th day of December of the same year, and 3.5 million won is paid for the purchase cost of the secondhand vehicle in the middle and around the same year, and around January 29, 2015.

Accordingly, the defendant was given a total of KRW 94 million by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect against the prosecutor and the police accused;

1. Statement protocol by the police against C;

1. Application of Acts and subordinate statutes to the accusation, summary of vehicle purchase investment contract, copy of vehicle purchase investment contract, copy of each passbook, card description, record recording, agreement (Evidence Nos. 1, 3, 4, 5, 7, 9, 12, 20)

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] is the case where the mitigation area (one month to one year) of Class 1 (the amount below 100 million won) has been reduced (one month to one year) [the person who has been specially mitigated] of punishment, or where considerable damage has been restored.