On January 23, 2014, the Defendant called the victim C to pay the amount of KRW 10 million after purchasing a second-hand cargo vehicle on the face of the State, and then making it early to generate profits by selling it.

“Finally false.”

However, even if the Defendant received KRW 10 million from the injured party, he was thought to use it as personal debt repayment and gambling funds, there was no intention to purchase the used cargo, and there was no intention or ability to repay the cargo due to no particular property or income at the time.

The Defendant acquired KRW 10 million from the damaged person’s account (Account Number: D) in the name of the Defendant on the same day, from the time to July 3, 2014, the Defendant acquired KRW 32,300,000 in total from the damaged person on five occasions, such as the list of crimes, from July 3, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the details of account transactions and the written confirmation of deposit without passbook;

1. Article 347(1) of the Criminal Act applicable to the crime and Article 347(1) of the Selection of Punishment Act (a comprehensive provision of the same Act), the reason for sentencing [the scope of recommending punishment] [the grounds for sentencing] of Type 1 of the General Fraud [the scope of recommending punishment] / [the decision of sentencing from June to January] 1] of the basic area (the decision of sentencing] / the defendant committed a crime in favor of the defendant, such as the defendant's awareness of and against mistake in committing the crime, and the crime committed by deceiving money several times by taking advantage of the victim's trust relationship; the victim suffered serious property damage by the crime of this case; the victim did not make any effort to recover damage even after the considerable period has lapsed; the victim's intent to punish the victim is maintained; the possibility of recovering damage in light of the defendant's economic situation, attitude, etc. is very low, and other unfavorable sentencing conditions, the defendant's age, sex, environment, and criminal act.