A defendant shall be punished by imprisonment for one year.

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

On May 24, 2017, the Defendant will be aware of whether the victim B (one person C) can purchase a new one-lane vehicle at the construction site of Posco apartment in the Soak-gu Seoul Metropolitan Government on May 24, 2017.

In order to purchase money from the account known to him at that time, if the money is paid to him at that time, a low-priced vehicle will be purchased.

“.....”

However, at the time, the defendant received money from the injured party with a debt of about 30 million won and thought to use it as his/her debt repayment or living expenses, and even if he/she received money from the injured party as the purchase cost of the vehicle, he/she did not have any intention or ability to purchase

Nevertheless, the Defendant: (a) by deceiving the victim as above, received KRW 100,000 from the victim to the account under the name of D as the down payment of automobile on May 24, 2017; and (b) from February 9, 2018, the Defendant received money of KRW 43,027,830 from the victim, or acquired pecuniary benefits, from the victim, as described in the list of crimes in attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect by the prosecution or the police against the defendant (including the part concerning the statement in B);

1. Statement made by the police against B;

1. A detailed statement of transactions by each bank;

1. Application of Acts and subordinate statutes on credit information;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of the protection and observation and the sentencing of Article 62-2 of the Social Service Order Act, the punishment as ordered shall be determined by taking into account the following circumstances: the Defendant’s age, sex, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc. and the conditions of sentencing as shown in the argument of this case:

The favorable circumstances: From the investigation stage, confession is contradictory to the investigation stage.

A victim who has agreed with the defendant does not want to be punished.

Unfavorable circumstances: A victim who is a foreigner has trusted the defendant.