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

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

Punishment of the crime

On April 2013, the Defendant: (a) at a sports center of C High School in Daejeon, Daejeon, Daejeon, the Defendant agreed to purchase KRW 27 million, a victim-in-house Manosoft-type car in KRW 27,000,000, which is the victim-in-house; (b) paid KRW 5 million as down payment; and (c) upon the transfer of the said car in the name of the Defendant’s type F, the Defendant agreed to pay KRW 2,00,000,000 each month to the victim-in-house D, which is the victim-in-house B.

However, in fact, the Defendant did not have any intention or ability to pay the purchase price even if he received the said vehicle from the victim and transferred the name of the automobile registration, such as in default of taxes equivalent to KRW 200 million.

Nevertheless, on April 5, 2013, the Defendant, by deceiving the victim, received the said vehicle from the victim in front of the Jung-gu Daejeon apartment complex, and on April 10, 2013, transferred the said vehicle registration name in the name of the Defendant F.

Accordingly, the defendant was delivered the above vehicle equivalent to the market price of 27 million won by deceiving the victim.

Summary of Evidence

1. Statement of the accused in the third protocol of trial;

1. Statement made to D by the police;

1. Application of the written complaint, receipt of loan, register of automobiles, certificate of fact of tax delinquency Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Application of the sentencing criteria [the range of recommending punishment] General Fraud (less than KRW 100 million) and the basic area (within six months to one year and six months) (no special person) of the sentencing criteria;

2. According to the rulings of sentence, the sentencing conditions indicated in the records of the instant case, such as the following circumstances and the Defendant’s age, character and conduct, environment, motive and consequence of the commission of the crime, and circumstances after the commission of the crime, shall be sentenced to the same sentence as the orders.

Unfavorable circumstances: The defendant has many records of criminal punishment, and in particular, July 7, 201.