A defendant shall be punished by imprisonment for six 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 November 14, 2011, the Defendant stated that “The Defendant would pay the victim F in lieu of the installment of the remaining vehicle on the part of the victim’s GMW beyond the victim’s GMW car.”

In fact, the defendant did not have the intention or ability to pay the installment even if he takes over the car from the victim.

The Defendant, by deceiving the victim as above, received the above car in an amount equivalent to KRW 43 million at the market price on the same day from the victim, and completed the transfer of ownership in H’s name with respect to the above car.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the prosecution concerning F to the protocol of suspect interrogation;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant committed the instant crime even though he/she has been sentenced to suspended sentence due to fraud, there is an unfavorable circumstance for the defendant, such as the fact that he/she committed the instant crime, and that the defendant repents and reflects the mistake, and that he/she agreed with the victim, etc.

In full view of the aforementioned circumstances, the motive, background, means and methods of the instant crime, the circumstances before and after the instant crime, and other circumstances revealed in the pleadings of the instant case, including the Defendant’s age, character, conduct, career, and environment, the punishment as ordered shall be determined.