A defendant shall be punished by imprisonment with prison labor for four 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

The Defendant informed customers who want to purchase a heavy vehicle of the amount of money more than the actual purchase price of the vehicle as the purchase price of the vehicle, and instead instead of mentioning the brokerage fee, he thought that he has the difference (the purchase price of the unfined vehicle - the actual purchase price of the vehicle) as the brokerage fee.

On January 23, 2017, the Defendant made a false statement to the “C” office in Dong-gu, Incheon Metropolitan City, and around December 9, 2016, the Defendant introduced another Ethrano car to the victim D who has requested resolution because of the defect that the Defendant purchased a Ltha car through the Defendant on or around December 9, 2016, and the Defendant introduced another Etho car to the victim D who has requested resolution of the defect, and purchasing the Etho car on or around the date of another trouble. The purchase of the Etho car is required. The price of this vehicle is 23 million won.”

그러나 사실 위 차량의 매매대금은 1,240만원이었고, 피고인은 피해자에게 위 승용차의 실제 매매대금을 고지하지 않고 위와 같이 피해자를 속여 그 차액금인 1,060만원 상당을 가로챌 생각이었다.

Nevertheless, the Defendant received KRW 22 million from F to G corporate bank accounts under the name of the Defendant’s management by having the victim receive KRW 22 million from F, and received the said KRW 22 million from the lending company to G corporate bank accounts under the name of the Defendant, and was remitted from the victim to G corporate bank accounts under the same name.

Accordingly, the defendant deceivings the victim, thereby deceiving 10.6 million won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Certificate of automobile transfer;

1. Details of account transactions and application of the Acts and subordinate statutes on loan application;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (see, e.g., the recognition of and reflects on criminal conduct and the agreement with the victim);