Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On December 2, 2014, the Defendant called the victim B by phone calls to the victim B, and falsely stated that “I will deliver the vehicle delivery, registration, and insurance premium, if I would first pay the vehicle delivery, the vehicle registration fee, and the premium.”

However, the defendant did not have the intention or ability to deliver the above low-priced vehicle to the victim even if he receives the vehicle delivery fee from the victim.

Around December 16, 2014, the Defendant: (a) by deceiving the victim; (b) received KRW 5 million from the account in the name of the Defendant’s name designated by the Defendant as the vehicle delivery fee; and (c) received KRW 2,180,000 from the account under the name of the Defendant’s designated name on February 26, 2015 to receive KRW 2,180,000 as vehicle insurance premium and registration fee.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. A copy of the records of the case of fraud in the Daejeon Busan Police Station, the defendant of the motor vehicle registration certificate and the defense counsel sought an explanation from the victim that “E operates the instant motor vehicle and pays the installment,” and thereafter, he/she did not deliver the motor vehicle to the victim because he/she was aware that the victim was paid the said motor vehicle, and that he/she had the intention or ability to deliver the motor vehicle at the time of receiving a request from the victim for the purchase of the motor vehicle from the victim on December 2014.

However, the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, namely, the Defendant appeared as a witness to the police in the case where E filed a complaint against the victim, and the Defendant transferred the money to the victim, with the exception of the delivery money on the face of the delivery of the instant vehicle, around April 2015, the Defendant sent the vehicle to the police, and the Defendant confirmed the vehicle in substance.