A defendant shall be punished by imprisonment for six 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

[criminal records] On August 21, 2015, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Seoul High Court on the same day and two-year suspended imprisonment with prison labor for the same year and two-year suspended imprisonment with prison labor for the same day, and the crime of this case cannot be adjudicated simultaneously with the crime of this case. Thus, the Defendant cannot be sentenced to punishment or mitigated or exempted in consideration of equity and equity (see Supreme Court Decision 2013Do1203, May 16, 2014).

On August 29, 2015, the above judgment became final and conclusive.

[Criminal facts] The Defendant would be able to purchase the victim’s “F” operated by the victim E in Gyeonggi-do on October 2013, 2013. The Defendant would be able to purchase the victim’s “F” from a middle and high-ranking trading business entity at KRW 15 million.

“A false representation was made.”

However, in fact, the above trading company did not have a low-priced passenger car, and the defendant thought that he would use it individually, so there was no intention or ability to deliver to the victim a low-priced passenger car.

Around October 28, 2013, the Defendant received from the injured party a remittance of KRW 15 million in the name of the purchase price for used money from a national bank account (H) in the name of G, which was designated by the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A criminal investigation report (8) and a criminal investigation report (to hear statements from the first party by telephone);

1. An inquiry of past transaction details (2) a net inquiry of text messages, text messages, judgment text, and a reference table of requests for non-transaction details;

1. Previous convictions in the judgment: The application of the defendant's legal statement, investigation report (verification of facts in the trial at the appellate court of the suspect), and the text of the judgment (Evidence No. 1);

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

1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes, provided that Article 39(1)1.