A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 1, 2015, the Defendant concluded a long-term rental contract with the victim E on “D” office operated by the Defendant in the Gu (hereinafter “D”), from February 10, 2015 to February 10, 2017, and concluded a long-term rental contract with the victim E on the “Frith LPG vehicle” from February 10, 2015 to February 10, 2017, the Defendant made a false statement to the effect that “if the vehicle price is paid in lump sum and KRW 1.50,00 won is paid as management expenses for two years, the vehicle may be left at low cost.” The name of the vehicle is to be transferred two years later.

However, at the time, “D” operated by the Defendant was in a situation where approximately KRW 50 million was disbursed for each month fixed expense without any special benefit, and the Defendant was thought to use the money received from the victim as the company’s operating fund, and the said FF vehicle was a vehicle that the Defendant was rentald from “G” and even if the Defendant received money from the victim, the Defendant did not have the intent or ability to transfer the said vehicle name to the victim after two years.

On January 26, 2015, the Defendant received 6,000,000 won from the victim to the H’s SC Bank account (I) used by the Defendant on or around January 26, 2015, and received 13,678,850 won from H’s SC Bank account on or around the 29th day of the same month.

Accordingly, the defendant was given a total of KRW 19,678,850 by deceiving the victim.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act [the scope of recommendations] is advantageous to the case where the defendant intentionally commits the act of deception in the mitigated area (one month to one year) (special mitigation) of types 1 (less than 100 million won) in general fraud [the decision of sentence] [the decision of sentence] other than the above sentencing sentencing factors, the defendant appears to have an attitude to recognize and reflect the crime, and the defendant has no record of punishment equal to or higher than imprisonment without labor.