사기
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 becomes final and conclusive.
Punishment of the crime
On November 1, 2012, the Defendant sent C a dump truck C and D to the effect that “The dump truck will be sold at KRW 80,000,000,000,000,000 in installments for the truck, with the unpaid payment of KRW 81,000,000,000 for the truck, will be paid in full and transfer the name of the dump truck to the purchaser” to C and D to the victim F.
However, even if the defendant receives 80 million won from the victim, he/she thought that he/she will use it as personal debt repayment, etc., and paid the unpaid payment of the existing truck with the truck price, and did not have the intention or ability to transfer the name of the truck to the victim.
The Defendant received 20 million won from the victim as the down payment directly from the victim, i.e., the victim, and received 60 million won from D through D on November 15, 2012 as the balance, and acquired 80 million won in total.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A complaint, construction machinery register, construction machinery transfer certificate, and passbook copy;
1. Application of Acts and subordinate statutes of each investigation report;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant deceivings the victim and delivered the vehicle with the full payment of KRW 80,00,00 after he received the payment of the vehicle, and instead provided the said vehicle to a third party as security is disadvantageous to the defendant.
However, the Defendant’s wife G, the nominal owner of the instant vehicle, shall have agreed to repay KRW 30 million to the victim in civil litigation with the victim.