A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The Defendant entered into an agreement with the victim B, and is a person who was issued a credit card (C) on March 5, 2017.

On December 26, 2017, the Defendant purchased “F” rocketing car in Songpa-gu Seoul Metropolitan Government D Building E, and was approved by applying for a specific service of KRW 30 million to the victim to purchase a car.

However, in fact, in order to solve economic difficulties at the time, the defendant was a plan to provide financing to a third party after being delivered a vehicle purchased as above, and did not have the intent or ability to operate the vehicle in a normal way or pay the card price normally.

As above, the Defendant, while purchasing a rocketing car, paid 30,1350,000 won of the vehicle price (a specific limit of KRW 30,000,000,000) to E, and caused the victim to pay 31,350,000 won to E, thereby acquiring financial benefits equivalent to the same amount.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes, such as power of attorney, president of application for admission, ledger of card issuance, ledger of card issuance, record of card use, register of automobiles and details of deposit;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. The scope of recommendation types according to the sentencing criteria [the scope of recommendation types] general fraud types 1 (less than 100 million won) and basic areas (not less than six months to one year and six months) (no special person);

2. Although there are extenuating circumstances for favorable consideration in sentencing, such as the time when committing the crime of sentencing is committed, and the fact that it is the first offender who has no criminal power, the instant crime is committed by selling the vehicle to a third party immediately from the time when the vehicle was purchased, and as a result, the crime was committed by a conclusive intent in the planning to prepare the money, and the crime is inferior, and the amount of fraud is considerable and restitution of damage.